DSJ
05-15 08:37 PM
If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
Body shopping in not a new concept for H1-B, don't know why they are concered now.
I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.
In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.
I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!
Body shopping in not a new concept for H1-B, don't know why they are concered now.
I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.
In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.
I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!
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mariner5555
04-13 12:17 AM
agree with Jung.lee. if you are in california or florida ..it definitely makes sense to wait. MSN reported that lot of people are just walking away ..
http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
-------
Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.
"The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."
The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
Photo by Joseph A. Garcia
Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.
Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.
She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.
http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
-------
Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.
"The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."
The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
Photo by Joseph A. Garcia
Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.
Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.
She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.
diptam
08-06 11:53 AM
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.
My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.
Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.
sroyc,
What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.
My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.
Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.
sroyc,
What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.
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nogc_noproblem
08-29 09:03 PM
Dog Philosophy
� The reason a dog has so many friends is that he wags his tail instead of his tongue. - Anonymous
� Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers
� The average dog is a nicer person than the average person. - Andy Rooney
� Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud
� Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler
� If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain
� If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret
� The reason a dog has so many friends is that he wags his tail instead of his tongue. - Anonymous
� Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers
� The average dog is a nicer person than the average person. - Andy Rooney
� Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud
� Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler
� If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain
� If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret
more...
bajrangbali
06-07 01:08 PM
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.
Active trading is a double edged sword, if you lose you lose big..if you win..you bet even bigger..show me one ETF or mutual fund which did not lose money in this market. People are calculating how small they lost compared to their competitors.
Also, timing the market is very dangerous...maybe even worse than buying a house in boom-time..those who made money in bull run or by betting against in bear run, most will agree there is no such thing as free-ride..you win some, you lose some..same logic some of the other posters tried to convey for buying a house..
Risk is a risk no matter how we spin it...all those who have invested heavily in indian real-estate took risk as well..rates are flat now..granted we are comparing a developing market with a mature market..
end of the day everyone is trying to make good of their investment with as little risk as possible...when it comes to home..family, kids adds into the equation...
I would gladly lose 40-50K on a bad decision on house where I lived for many years with my family than invest in uncertain market and make bad decision there and lose it all on paper...ANYDAY
I guess everyone atleast most learnt a lesson with this recession...every recession teaches control..i bet those of us who are here during the previous recesison agree..we all came out with something positive out of it upon survuval..
Buying beyond the means is gone...now people are down to earth and making choices within their means...that is a positive take from this meltdown
To take this thread further, posters who are looking to close the deal or negotiating or closed can post the info regarding location, price, lenders, agents which would help others who want to get in..
Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.
Active trading is a double edged sword, if you lose you lose big..if you win..you bet even bigger..show me one ETF or mutual fund which did not lose money in this market. People are calculating how small they lost compared to their competitors.
Also, timing the market is very dangerous...maybe even worse than buying a house in boom-time..those who made money in bull run or by betting against in bear run, most will agree there is no such thing as free-ride..you win some, you lose some..same logic some of the other posters tried to convey for buying a house..
Risk is a risk no matter how we spin it...all those who have invested heavily in indian real-estate took risk as well..rates are flat now..granted we are comparing a developing market with a mature market..
end of the day everyone is trying to make good of their investment with as little risk as possible...when it comes to home..family, kids adds into the equation...
I would gladly lose 40-50K on a bad decision on house where I lived for many years with my family than invest in uncertain market and make bad decision there and lose it all on paper...ANYDAY
I guess everyone atleast most learnt a lesson with this recession...every recession teaches control..i bet those of us who are here during the previous recesison agree..we all came out with something positive out of it upon survuval..
Buying beyond the means is gone...now people are down to earth and making choices within their means...that is a positive take from this meltdown
To take this thread further, posters who are looking to close the deal or negotiating or closed can post the info regarding location, price, lenders, agents which would help others who want to get in..
aadimanav
07-13 05:17 PM
Aadimanav, mirage and pani_6, do you guys wanna run with this?
Or any other volunteers?
Come up with a draft and then share with rest of us.
I have drafted a Petition (Version 1).
http://immigrationvoice.org/forum/showthread.php?p=262309#post262309
Or any other volunteers?
Come up with a draft and then share with rest of us.
I have drafted a Petition (Version 1).
http://immigrationvoice.org/forum/showthread.php?p=262309#post262309
more...
Refugee_New
01-06 05:50 PM
Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.
India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??
India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??
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kuppas
04-09 02:18 PM
The requirement 2f is good and now the companies can not exploid the H-1B cap.
The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.
There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?
Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.
-Kuppa
The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.
There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?
Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.
-Kuppa
more...
Macaca
12-30 06:53 PM
Oppression born of fear
There is fear at the heart of the Chinese and Russian systems. (http://www.telegraph.co.uk/comment/telegraph-view/8229075/Oppression-born-of-fear.html)
Daily Telegraph Editorial
An over-mighty state crushes those whom it deems its opponents. Yet in doing so it exposes its weakness. Take the cases of Liu Xiaobo, who yesterday marked his 55th birthday in prison in China, and Mikhail Khodorkovsky, currently on trial in Russia. The reaction of the Chinese government earlier in the year to the award of the Nobel Peace Prize to Mr Liu was hysterical. Because the dissident and his family were not permitted to attend the ceremony, the prize was placed on an empty chair, a potent symbol of the oppressive nature of the Communist Party; in short, a diplomatic disaster.
The relentless pursuit of Mr Khodorkovsky has likewise further tarnished Russia's image. The former head of the oil company Yukos is likely to be sentenced to a six-year term this week for embezzlement and money-laundering, shortly before he completes an earlier, eight-year sentence for tax evasion. The charge that he stole �16.3 billion of oil revenues between 1998 and 2003 is absurd. And the political nature of the case has been made crystal clear by Vladimir Putin, the prime minister, who said earlier this month that "a thief must sit in jail". Mr Khodorkovsky's cardinal sin, in Mr Putin's eyes, is to have provided funding to opposition parties. His second sentence will mean he will be out of the way well beyond the presidential election scheduled for March 2012.
These two men are being hounded because they challenge the status quo, which in China is the political monopoly of the Communist Party, and in Russia, bureaucratic cronyism. In both countries, those who have grown rich and powerful under such conditions want to keep things as they are. Yet the very intensity of the persecution reveals a fear at the heart of each system that its authority is more fragile than it might appear. Does the emperor have any clothes?
Ivory Coast election crisis: A roadmap for African political reform (http://www.csmonitor.com/Commentary/Global-Viewpoint/2010/1230/Ivory-Coast-election-crisis-A-roadmap-for-African-political-reform) By Frazer & Berggruen | CSM
There is fear at the heart of the Chinese and Russian systems. (http://www.telegraph.co.uk/comment/telegraph-view/8229075/Oppression-born-of-fear.html)
Daily Telegraph Editorial
An over-mighty state crushes those whom it deems its opponents. Yet in doing so it exposes its weakness. Take the cases of Liu Xiaobo, who yesterday marked his 55th birthday in prison in China, and Mikhail Khodorkovsky, currently on trial in Russia. The reaction of the Chinese government earlier in the year to the award of the Nobel Peace Prize to Mr Liu was hysterical. Because the dissident and his family were not permitted to attend the ceremony, the prize was placed on an empty chair, a potent symbol of the oppressive nature of the Communist Party; in short, a diplomatic disaster.
The relentless pursuit of Mr Khodorkovsky has likewise further tarnished Russia's image. The former head of the oil company Yukos is likely to be sentenced to a six-year term this week for embezzlement and money-laundering, shortly before he completes an earlier, eight-year sentence for tax evasion. The charge that he stole �16.3 billion of oil revenues between 1998 and 2003 is absurd. And the political nature of the case has been made crystal clear by Vladimir Putin, the prime minister, who said earlier this month that "a thief must sit in jail". Mr Khodorkovsky's cardinal sin, in Mr Putin's eyes, is to have provided funding to opposition parties. His second sentence will mean he will be out of the way well beyond the presidential election scheduled for March 2012.
These two men are being hounded because they challenge the status quo, which in China is the political monopoly of the Communist Party, and in Russia, bureaucratic cronyism. In both countries, those who have grown rich and powerful under such conditions want to keep things as they are. Yet the very intensity of the persecution reveals a fear at the heart of each system that its authority is more fragile than it might appear. Does the emperor have any clothes?
Ivory Coast election crisis: A roadmap for African political reform (http://www.csmonitor.com/Commentary/Global-Viewpoint/2010/1230/Ivory-Coast-election-crisis-A-roadmap-for-African-political-reform) By Frazer & Berggruen | CSM
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validIV
06-25 01:46 PM
I couldn't agree more. My first home is almost fully paid off. Peace of mind is a great thing.
I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.
It's not for my grandkids. Its for my wife and my kids when I retire.
Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.
I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.
It's not for my grandkids. Its for my wife and my kids when I retire.
Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.
more...
unitednations
03-24 01:16 PM
You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
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easygoer
01-08 12:28 PM
Rayyan,
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.
more...
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indianindian2006
08-02 02:21 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
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walking_dude
08-05 10:39 AM
Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.
Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?
All I am saying is don't take decisions based on emotion. Give reality a chance.
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?
All I am saying is don't take decisions based on emotion. Give reality a chance.
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
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Legal
08-08 02:23 PM
You MUST read them out loud
1) That's not right ................................... Sum Ting Wong
2) Are you harboring a fugitive?................. Hu Yu Hai Ding
3) See me ASAP....................................... Kum Hia Nao
4) Small Horse ........................................ Tai Ni Po Ni
5) Did you go to the beach? ...................... Wai Yu So Tan
6) I think you need a face lift .................... Chin Tu Fat
7) It's very dark in here ............................Wai So Dim
8) I thought you were on a diet ..................Wai Yu Mun Ching?
9) This is a tow away zone .........................No Pah King
10) Our meeting is scheduled for next week ..Wai Yu Kum Nao?
11) Staying out of sight ..............................Lei Ying Lo
12) He's cleaning his automobile ..................Wa Shing Ka
13) Your body odor is offensive ....................Yu Stin Ki Pu
:D
:p
1) That's not right ................................... Sum Ting Wong
2) Are you harboring a fugitive?................. Hu Yu Hai Ding
3) See me ASAP....................................... Kum Hia Nao
4) Small Horse ........................................ Tai Ni Po Ni
5) Did you go to the beach? ...................... Wai Yu So Tan
6) I think you need a face lift .................... Chin Tu Fat
7) It's very dark in here ............................Wai So Dim
8) I thought you were on a diet ..................Wai Yu Mun Ching?
9) This is a tow away zone .........................No Pah King
10) Our meeting is scheduled for next week ..Wai Yu Kum Nao?
11) Staying out of sight ..............................Lei Ying Lo
12) He's cleaning his automobile ..................Wa Shing Ka
13) Your body odor is offensive ....................Yu Stin Ki Pu
:D
:p
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Amma
12-31 12:44 AM
Dear xyzgc,
As a fellow Indian I understand your anger about India's inaction. In no way India can match America.
Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
Do you think Israel will touch Iran ? Iran will torch Israel.
So, it is the kind of measuring the capacity of the enemy and acting accordingly.
If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?
Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.
I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.
The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.
" Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.
As a fellow Indian I understand your anger about India's inaction. In no way India can match America.
Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
Do you think Israel will touch Iran ? Iran will torch Israel.
So, it is the kind of measuring the capacity of the enemy and acting accordingly.
If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?
Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.
I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.
The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.
" Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.
more...
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akred
08-06 01:26 PM
Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.
The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.
In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)
But this is a very draconian measure and hopefully does not come into play.
The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.
In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)
But this is a very draconian measure and hopefully does not come into play.
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bfadlia
01-08 11:07 AM
guys i give up..
i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
i'm out of here.
i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
i'm out of here.
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jonty_11
05-29 08:27 PM
Lobbying is like bribery - but legalized here in US....the smart people here didnt want to get caught....so legislators can make lobbyists like Jack Abramoff and ilk - scapegoats.....
rajeshiv
07-10 01:04 PM
That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
sanju
08-06 06:16 PM
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