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  • EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.





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  • hiralal
    06-25 10:48 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
    (ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
    personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)





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  • Macaca
    02-24 08:17 AM
    Some paras from Democrats Offer Up Chairmen For Donors (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/23/AR2007022301978.html), By Jeffrey H. Birnbaum and John Solomon (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum++and+john+solomon/), Washington Post Staff Writers, Saturday, February 24, 2007

    Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.

    In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.

    The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.

    The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.

    In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.

    The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.

    And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).



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  • kaisersose
    04-15 10:31 AM
    When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.

    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    I think personally we shouldn't make a statement "Our kids will have better lives in a house".

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.





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  • qplearn
    11-14 10:09 PM
    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed and numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are licking their wounds.

    The SKIL was actually killed last time in the house, and Lou was/is a big friend of theirs. Lou has given them more publicity than anyone would ever have, and they used it to contact house members.

    And I did not mean that SKIL is killed for good obviously. If they've lost most friends our SKIL bill should sail in the lame duck session, and I don't have any problems with that :) Let's see what happens ....



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  • dixie
    02-02 01:17 PM
    You seriously think Lou does not know that ? I would expect a former anchor of CNN Money to know the basics of US tax laws. Alas, he also knows the average americans who view his show are too lazy to do any research by themselves - all this is a deliberate misinformation campaign to make the middle class angry and believe immigrants are responsible for their perceived decline in standard of living. In the process his ratings are going through the roof, and of course CNN doesn't have a problem with that. What to expect from such a person ? We are lucky he is yet to blame immigrants for the mess in Iraq (he has even blamed them for the mess after hurricane katrina !!!!!).

    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems





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  • hpandey
    09-26 09:59 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.



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  • dealsnet
    01-10 03:39 PM
    Palestine was never a country. Even historian knows that there was a kingdom of Israel & Kingdom of Judah. The kings and the timeslines when the kingdoms were destroyed are also known. Due to numerous invasions there was a great diaspora of Jews to the other parts of the world. Even Jerusalem belongs to the Jews. The Romans under Titus burned down the Jewsish temple and killed entire tribes of Jews during the Jewish revolt against Rome in AD. 70. The modern state of Israel was in fact simply returing the ancient land of Israel to the Jews. Kashmir belongs to India. Pakistan has occupied Kashmir.





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  • copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!



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  • english_august
    11-12 08:25 AM
    rheoretro Surely there is a distinction between illegal immigrants and Latinos (though I am not sure how thick is the line) but I did say that we cannot have even a whiff of support for illegal immigration be it from any country, including India.

    It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.

    A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.

    Bottom line? Illegal immigration in any form is not acceptable.





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  • chanduv23
    05-17 07:13 AM
    Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.

    Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
    A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.

    I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.

    Open yourself up and come out of your narrow minded approach, you will see a different world.

    One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.



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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





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  • nixstor
    11-12 08:26 PM
    Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!


    Ha haa.. I tell you what.. It could be either of these

    1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs

    2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs

    3) They live on a day to day basis. Why bother about tommorow?

    4) Whatever! some one will do some thing. If some thing were to happen it will happen.

    Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.



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  • validIV
    06-25 03:42 PM
    You just gave an example of a guy who owns his own house.

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.





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  • nk2006
    10-07 11:40 AM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    http://www.ipsnews.net/news.asp?idnews=44144



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  • pitha
    04-07 11:02 PM
    Restrictionist and proctionist measures have a high probability of passing than anything relatively pro immigration. With or without strive this will pass. If not as a stand alone bill then as rider in any other bills (appropriations budget etc). All those lawmakers who were preaching against adding any immigration related issues as riders to other bills will turn the other way when this draconian measure is added as a rider to other bills.

    Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.

    People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.

    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.





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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.





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  • qualified_trash
    05-17 12:32 PM
    gc03:

    Go and search for Lou Dobbs in this forum.

    This forum is purely for discussing issues related to problems and difficulties of high skilled legal immigrants., affected by inefficiency of backlog centers, LCs and lack of visa numbers, GC issues and the consequent retrogression.

    I haven't gone to the link you provided, because I don't need to. Has Mr.Dobbs advocated our issues, our goals anytime in his effort to highlight immigration issues? I don't think so. He does what is convenient for him and for his ratings and viewership.

    So, please let's end this discussion here and please refrain from quoting and promoting the foul mouth Lou Dobbs.
    I hope you will understand. Thanks.
    Why are members on this forum so eager to ask others to refrain from this or refrain from that? Are we all not adults leading professionally successful lives. Can we all not have a discussion with varying points of view? I am asking someone - WAIT - begging someone from the core group to ask everyone to stop doing this? What use are our degrees and experience if we cannot listen to dissent? I would like to call this 'EDUCATED ILLITERACY' if I may.

    The question posed by the other user was rhetorical in nature. I am not sure why he should understand and refrain. I think the others should either agree/disagree/no comment with him and refrain from asking him to keep quiet.





    asanghi
    08-11 01:45 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

    Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
    Let us launch an facts based attack campaign agains Lou and ruin his career.





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    08-05 01:50 PM
    A doctor had just finished a physical well-check session with one of his patients, when he realized he got a bit carried away with the procedure. He was resting afterwards and was feeling a bit guilty because he thought it wasn't really ethical to do it with one of his patients. However, a little voice in his head said "Lots of other doctors have done it with their patients so its not like you're the first". This made the doctor feel a little bit better until still another voice in his head said, " but they probably weren't veterinarians".



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