mirage
08-05 08:05 AM
In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
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gjoe
07-15 06:55 AM
I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
amitga
01-28 10:33 AM
There has never been a mention of the H1b visas approved and those that do not fall under the quota....
This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)
When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.
Can't Lou be sued for intentionally having false information in his book. At lease we should all add negative comments about his book on Amazon.com reviews. His book rating on Amazon is 4 and we should add 30-40 comments to bring the rating to at least 2-3 star.
Lou's Book (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923/sr=8-1/qid=1170001461/ref=pd_bbs_1/002-9355488-1919237?ie=UTF8&s=books)
This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)
When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.
Can't Lou be sued for intentionally having false information in his book. At lease we should all add negative comments about his book on Amazon.com reviews. His book rating on Amazon is 4 and we should add 30-40 comments to bring the rating to at least 2-3 star.
Lou's Book (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923/sr=8-1/qid=1170001461/ref=pd_bbs_1/002-9355488-1919237?ie=UTF8&s=books)
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WantGCQuick
06-05 02:36 PM
This is a very healthy discussion!!.
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
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qualified_trash
08-11 11:15 AM
I know this is unrelated to the goals of IV. How about suing the Maxwell guy for libel?
You cannot sue for libel if the statement made had information that was substantially true (not necessarily all true). In this case, he has made a statement that is substantially false and libelous in nature.
By calling people who come to the US on H1B visa or students who convert to H1B terrorists, I believe we can and should try to involve companies such as MS etc in this effort.
And here is my message sent to the program using the feedback form:
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Michael Maxwell asserted that H1B program is "being gamed by both terrorists and foreign agents". This is an insult to tax paying H1B holders such as myself.
If CNN or Michael Maxwell, could have shown one instance of a H1B holder, who has been convicted of crimes such as the ones committed by terrorists, it would have been a lot more credible.
I know "Lou Dobbs Tonight" is a talk show. To remain credible though my strong advise to Lou and CNN is this:
Don't talk the talk if you can't walk the walk.
You cannot sue for libel if the statement made had information that was substantially true (not necessarily all true). In this case, he has made a statement that is substantially false and libelous in nature.
By calling people who come to the US on H1B visa or students who convert to H1B terrorists, I believe we can and should try to involve companies such as MS etc in this effort.
And here is my message sent to the program using the feedback form:
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Michael Maxwell asserted that H1B program is "being gamed by both terrorists and foreign agents". This is an insult to tax paying H1B holders such as myself.
If CNN or Michael Maxwell, could have shown one instance of a H1B holder, who has been convicted of crimes such as the ones committed by terrorists, it would have been a lot more credible.
I know "Lou Dobbs Tonight" is a talk show. To remain credible though my strong advise to Lou and CNN is this:
Don't talk the talk if you can't walk the walk.
qasleuth
03-23 05:23 PM
Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
Two different things -
Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.
Two different things -
Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.
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gc28262
09-26 01:07 PM
I wish there was a rule not to pay any taxes till we the GC , that will change a lot doesnt it .
Along with our efforts here, we should push Indian gov for the social security deal with US.
Once the deal is done, potential EB immigrant leaving the country with all his/her social security deposit will make everyone in this country rethink about being harsh on EB immigrants.
Along with our efforts here, we should push Indian gov for the social security deal with US.
Once the deal is done, potential EB immigrant leaving the country with all his/her social security deposit will make everyone in this country rethink about being harsh on EB immigrants.
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cinqsit
04-13 03:04 PM
Hi gimme_GC2006,
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
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krishna.ahd
12-26 03:31 PM
A full fledged war between India and Pakistan is very very unlikely.
Look at stratfor.com
Look at stratfor.com
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unitednations
03-24 11:45 AM
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
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Refugee_New
01-06 04:37 PM
Slow down chief, not so fast.
There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.
Exactly, its about how many people care about the issue. This doesn't bother/don't care attitude is what making people angry. If you care death of 4 people and don't even bother to care the death of innocent school kids, then there is some problem with people who claim to be peaceful and peace loving nation. Its called double standard and hypocrisy.
[QUOTE=sanju;308870]
There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community.
The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.
Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.
Don't tell me members of this forum didn't blame muslims and their faith.
Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.
[QUOTE]
There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.
Exactly, its about how many people care about the issue. This doesn't bother/don't care attitude is what making people angry. If you care death of 4 people and don't even bother to care the death of innocent school kids, then there is some problem with people who claim to be peaceful and peace loving nation. Its called double standard and hypocrisy.
[QUOTE=sanju;308870]
There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community.
The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.
Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.
Don't tell me members of this forum didn't blame muslims and their faith.
Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.
[QUOTE]
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GCNirvana007
03-23 01:06 PM
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Hope you get a knowledgable IO at the infopass. During my infopass, i taught something new to the IO about immigration !.
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Hope you get a knowledgable IO at the infopass. During my infopass, i taught something new to the IO about immigration !.
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gapala
12-17 04:47 PM
Nobody in good conscience support terrorism, no Indian, no Pakistani. I have many good friends from Pakistan and I do support Pakistan in its strive towards better and peaceful future. Does that make me a terrorist ?
Don't bring ISMs into the conversation. You started this post to trash specific community and you are getting there. Stop being a A-hole and get a life.
It feels good to read your posts but my friend, you are far off from reality. The folks who hijacked that religion and perverted belief that entire planet earth should be under sharia is the problem. I am not saying that all apples are bad.
Do you know what is happening in UK and other parts of Europe? Go search in google videos There are several investigative reports from main stream media are posted out there to educate people like you.
Now, you may choose to ignore the threat to humanity but that does not mean its not real.
I too have good friends from different parts of world but they themself believe that its a dangerous world. Ask your friends that you quoted in your post, they will tell you.
Don't bring ISMs into the conversation. You started this post to trash specific community and you are getting there. Stop being a A-hole and get a life.
It feels good to read your posts but my friend, you are far off from reality. The folks who hijacked that religion and perverted belief that entire planet earth should be under sharia is the problem. I am not saying that all apples are bad.
Do you know what is happening in UK and other parts of Europe? Go search in google videos There are several investigative reports from main stream media are posted out there to educate people like you.
Now, you may choose to ignore the threat to humanity but that does not mean its not real.
I too have good friends from different parts of world but they themself believe that its a dangerous world. Ask your friends that you quoted in your post, they will tell you.
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gcgreen
08-06 02:16 PM
But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
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redcard
03-23 05:20 PM
Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
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nozerd
12-26 05:25 PM
I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.
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Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
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Clarification
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There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
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nogc_noproblem
08-06 06:40 PM
The local bar was so sure that its bartender was the strongest man...
... around that they offered a standing $1000 bet.
The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.
Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.
One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."
After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.
But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.
As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"
The man replied "I work for the IRS."
... around that they offered a standing $1000 bet.
The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.
Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.
One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."
After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.
But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.
As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"
The man replied "I work for the IRS."
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wellwisher02
03-29 09:02 AM
o.k. ..I guess it was the beer that I had made my post confusing. what I am saying is even now home prices are inflated ..see mariners post above. GC is the main hurdle and it will take around 1.5 years to get it ...I guess by that time prices would have corrected and that is when I would buy it.
if I had got GC 1 year back ..would I have purchased it ..a big NO.
last point ..even when I buy the house ..I wont think of it as an investment ..because we will never see those appreciations again ..look around, there is no shortage of land whatsoever.
having a GC simplifies things as I have one less thing to worry about and I can then atleast start looking.
on EAD ..I won't even waste gas to look around ..
even in california ..as far as I know ..it is because of excessive regulation that the RE is so pricey ..as other countries and places in US open up and become innovation centres ..regulations would become less or else price appreciation would come down in california.
BTW even I say it depends on one's situation ....some of my friends have extended families in US or their kids are grown up and they need space (some of them are renting their basements to a relative) ..in such cases it definitely makes sense to buy a house.
if it makes u feel better ..in my view ..long term prices will go up ..at around 4% once the correction is done (2010or 2011). at the same time for e.g when prices in atlanta drop by 4.5 percent (as in last case S index) ..the real drop is 7% when you take inflation in account.
one last example ..one of my batchmates in engg had purchased a house in san diego at the height of the bubble (750K) ..when I mentioned the bubble ..he said I don't care ..I like to live high or whatever ..now his house is in foreclosure
Hello,
Buying a house is good or bad based on your homework you've done or need to do. I did not buy a house until I was close to my EAD. However, a couple of my wife's friends purchased their 'home' even when they were on H1B. This happened in California where the house value is astronomically high when compared to other places (like Texas, Arizona, Virginia, Chicago, etc). They lived in their home for 3-4 years, still didn't get their GC, sold their house and collected a huge profit of $200K and moved to over Texas. This happened in early 2006. They took the risk which worked out well for them ...meaning they were constantly on projects.
You gotta live in a place like CA to make reasonable profits. I am at present in VA, having bought a house there. I bought in Nov 2006 when real estate began to crash. As I speak I didn't make any equity. How much equity will I build in the next 2 years. This is anybody's guess ...maybe 10K or 20K, assuming real estate problems are bottoming out.
if I had got GC 1 year back ..would I have purchased it ..a big NO.
last point ..even when I buy the house ..I wont think of it as an investment ..because we will never see those appreciations again ..look around, there is no shortage of land whatsoever.
having a GC simplifies things as I have one less thing to worry about and I can then atleast start looking.
on EAD ..I won't even waste gas to look around ..
even in california ..as far as I know ..it is because of excessive regulation that the RE is so pricey ..as other countries and places in US open up and become innovation centres ..regulations would become less or else price appreciation would come down in california.
BTW even I say it depends on one's situation ....some of my friends have extended families in US or their kids are grown up and they need space (some of them are renting their basements to a relative) ..in such cases it definitely makes sense to buy a house.
if it makes u feel better ..in my view ..long term prices will go up ..at around 4% once the correction is done (2010or 2011). at the same time for e.g when prices in atlanta drop by 4.5 percent (as in last case S index) ..the real drop is 7% when you take inflation in account.
one last example ..one of my batchmates in engg had purchased a house in san diego at the height of the bubble (750K) ..when I mentioned the bubble ..he said I don't care ..I like to live high or whatever ..now his house is in foreclosure
Hello,
Buying a house is good or bad based on your homework you've done or need to do. I did not buy a house until I was close to my EAD. However, a couple of my wife's friends purchased their 'home' even when they were on H1B. This happened in California where the house value is astronomically high when compared to other places (like Texas, Arizona, Virginia, Chicago, etc). They lived in their home for 3-4 years, still didn't get their GC, sold their house and collected a huge profit of $200K and moved to over Texas. This happened in early 2006. They took the risk which worked out well for them ...meaning they were constantly on projects.
You gotta live in a place like CA to make reasonable profits. I am at present in VA, having bought a house there. I bought in Nov 2006 when real estate began to crash. As I speak I didn't make any equity. How much equity will I build in the next 2 years. This is anybody's guess ...maybe 10K or 20K, assuming real estate problems are bottoming out.
GCBatman
01-06 01:04 PM
Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
pitha
10-06 12:14 AM
Obama has already said that he will give top priority for cir07 in his first year in office. Both the radicals from Illinois, Obama and Durbin will send us packing. How ironic is it that one of the themes of Obama campaign is "hope" and obama wants to wipe out any hope of legal EB immigrants getting green card. He will force us into reapplying in the points based nonsense which means basically pack up and leave. Obama, is the biggest hypocrite ever, he preaches legal immigrants rights and behind the scenes he does everything to screw legal eb immigrants by changing rules of the game after the fact. His father himself came to USA on f1 visa and obama and durbin are screwing us.
But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.
Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.
But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.
Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.
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