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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?

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  • reddymjm
    08-05 10:42 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.

    May be 1% of EB2. Good to know that.

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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b

    8) go to uscis.gov and read the INA and CFR's


    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...

    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

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  • satishku_2000
    05-16 06:04 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...


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  • abracadabra102
    08-06 05:49 PM
    Dear Friend,

    The other day I went up to a local Christian bookstore and saw a "honk if you love Jesus" bumper sticker. I was feeling particularly sassy that day because I had just come from a thrilling choir performance, followed by a thunderous prayer meeting, so I bought the sticker and put it on my bumper.

    Boy, I'm glad I did! What an uplifting experience followed!

    I was stopped at a red light at a busy intersection, just lost in thought about the Lord and how good He is...and I didn't notice that the light had changed. It is a good thing someone else loves Jesus because if he hadn't honked, I'd never have noticed! I found that LOTS of people love Jesus!

    While I was sitting there, the guy behind started honking like crazy, and then he leaned out of his window and screamed, "For the love of GOD! GO! GO! Jesus Christ, GO!"

    What an exuberant cheerleader he was for Jesus! Everyone started honking! I just leaned out of my window and started waving and smiling at all these loving people. I even honked my horn a few times to share in the love!

    There must have been a man from Florida back there because I heard him yelling something about a "sunny beach"... I saw another guy waving in a funny way with only his middle finger stuck up in the air. I asked my teenage grandson in the back seat what that meant, he said that it was probably a Hawaiian good luck sign or something.

    Well, I've never met anyone from Hawaii, so I leaned out the window and gave him the good luck sign back. My grandson burst out laughing ... he was enjoying this religious experience, too!

    A couple of the people were so caught up in the joy of the moment that they got out of their cars and started walking towards me. I bet they wanted to pray or ask what church I attended, but this is when I noticed the light had changed. So, I waved to all my sisters and brothers grinning, and drove on through the intersection. I noticed I was the only car that got through the intersection before the light changed again and I felt kind of sad that had to leave them after all the love we had shared, so I slowed the car down, leaned out of the window and gave them all the Hawaiian good luck sign one last time as I drove away.

    Praise the Lord for such wonderful folks!



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  • milind70
    07-10 12:51 AM
    desi is correct...

    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.


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  • chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.

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  • chintu25
    08-22 11:23 AM

    "Some good news for the economy. President went on a month-long vacation." �Jay Leno

    "The federal government announced today that the recession ended back in November of 2001. It ended two years ago! Be sure to pass that on to all your unemployed friends. So you know what that means? The past twenty months of job layoffs, corporate bankruptcies and declining stocks, those were the good times. We should have been living it up." �Jay Leno

    "Yesterday Federal Reserve Chairman Alan Greenspan said he would be willing to serve another term. Greenspan said, 'Where else would I get a job in this economy?'" �Conan O'Brien

    "Democrats were quick to point out that President 's budget creates a 1 trillion dollar deficit. The White House quickly responded with 'Hey, look over there, it's Saddam Hussein.'" �Craig Kilborn

    "President unveiled his new economic stimulus plan this week. It was reported that if the plan passes, the president himself would save $44,000 in taxes, Dick Cheney would save $327,000, and you could afford to take the whole family down to Burger King to pick up job applications." �Tina Fey, on Saturday Night Live's "Weekend Update"

    "President 's economic plan will create 2.5 million new jobs. The bad news, they are all for Iraqi soldiers." �Craig Kilborn

    "According to a new study, bad economic times can actually be good for you because people tend to exercise more and eat better. This is not a recession, this is the President�s Health Care Plan." �Jay Leno

    "The big story here tonight comes from Washington, D.C. where President announced his new economic plans. The centerpiece was a proposed repeal of the dividends tax on stocks, a boon that could be worth millions of dollars to average Americans. Well, average stock owning Americans. Technically, Americans who own a significant amount of shares in dividend dealing companies. Well, rich people, that's what I'm trying to say. They're going to do really well with this." �Jon Stewart

    "Treasury Secretary Paul O'Neal has resigned. He didn't want to resign, but there wasn't any money left in the treasury so he's got nothing to do." �Jay Leno

    " Presidents advisers have long been worried that a lagging economy could hamper the president's re-election chances. They hope that the Cabinet shake-up will provide a needed jolt. If that doesn't work, North Korea has to go." �Jon Stewart

    "Al Gore says President�s economic plan has zero chance of working. Now, this raises on important question: President has an economic plan?" �David Letterman

    "President said today that it is our job to vote. That's what he called it, a job. And considering how the way economy is going, that may be the only job we have." �Jay Leno

    "The same week the administration slashed pay raises for all federal workers, they announced they are going to provide bonuses to political appointees who do a good job. You know, that guy who cut everyone else's pay, he gets the bonus." �Jay Leno

    "The Stock Market was down today. Two major businesses declared bankruptcy, consumer spending is at an all time low � in other words, president is back on the job." �Jay Leno

    "President hosted something called the President's Economic Forum down in Waco, Texas today. Waco. Apparently Jonestown and Guyana were booked up. When I think of government policy that works, Waco is the place to go. He invited members of small business to the summit. He was going to invite big business, but they're all in jail." �Jay Leno

    "President told the attendees (at his economic forum) that he wants to simplify the numbers on Wall Street so that people can understand what they are looking at. Simplify the numbers? We are already looking at single digits!" �Jay Leno

    "In a speech yesterday in Milwaukee, President vowed to do whatever it takes to keep the economy strong. In fact he said that if he needs to, he will take vacation for another three months." �Jay Leno

    "There's now speculation in Washington that President is now planning to increase the economic sanctions on Iraq. And let me tell you if they are half as tough as the economic sanctions he has imposed on this country, they are screwed." �Jay Leno

    "President is leaving the White House for a vacation. He's taking a month off. Yeah, take a break, you deserve it. But aides say that while on vacation, will continue to make two or three speeches a week to make sure that the market keeps crashing." �Jay Leno

    "Boy, another bad day on Wall Street. Things are getting ugly. Dow Jones is starting to look more like Paula Jones." �Jay Leno

    "Do you have any idea how cheap stocks are now? Wall Street is now being called Wal-Mart Street." �Jay Leno

    "The United States has developed a new weapon that destroys people but it leaves buildings standing. It's called the stock market." �Jay Leno

    "The economy is in big trouble. Yesterday in a big speech, President said the economy was still getting over the hangover from the 90's. And then, the president admitted he was still getting over his hangover from the 80's." �Conan O'Brien


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  • Berkeleybee
    05-17 01:31 PM
    My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?


    IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

    As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.


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  • eb2_mumbai
    07-14 11:22 AM
    If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.


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  • smuggymba
    07-28 01:37 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)

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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.


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  • mallu
    01-28 02:38 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.

    When the debate is on illegal immigration, the former immigrants and their descendants will chant "We love legal immigrants". When the focus shifts to legal immigration, suddenly they don't want any immigration. Their argument is "If bus is full , we don't need more passengers" . Likewise USA is "full" with former immigrants and their descendants , so don't need more immigration.
    If supply is squeezed somehow, the demand will increase. But poor fellows, if businesses can't get qualified numbers , it will accelerate outsourcing.

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  • HawaldarNaik
    09-27 11:54 AM
    I beleive that Obama will be good for the GC process. Reason being his policies will trigger off the process to expedite the pending GC's and reduce if not eliminate completely the retrogression.

    One of his policies will be to expand invetstment in the U.S and tax companies that take work away, this will require techincal talent in the U.S, for which they would have to expedite the GC process or at least make sure that the process is more transparent and expedited promptly (for employment based)


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  • akred
    06-24 12:04 AM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

    HOA dues depend on many factors. The community may have maintenance or upkeep expenses that are out of the ordinary. Or the board may be building up reserves for future expenses that may be as much as 25 years down the line. Sometimes the board is dysfunctional and will take the easy way out of charging more dues instead of optimizing expenses.

    Before you buy into a HOA, get the minutes of the last year's board meetings and read through them to see if it is the kind of place you'd want to live in.

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  • Macaca
    05-20 06:13 PM
    The United States v Canada (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration) The Economist

    AS A matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about "brain waste" and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn't just a liberal abstraction; 20% of Canadians are foreign-born.

    It's well-known that Canada is an outlier among immigrant nations, but it is nonetheless interesting to consider in reference to the ongoing and heated debate about immigration in the United States. Why is Canadian public opinion so different from views in United States?

    At a conference yesterday, Jeffrey Reitz, a sociologist at the University of Toronto, cited two big explanations for the difference. The first was that Canadians are convinced of the positive economic benefits of immigration�to the extent that towns under economic duress are especially keen to promote immigration, because they believe immigrants will create jobs. Even unemployed Canadians will stoutly insist that immigrants do not take work away from the native born. This makes sense, as most immigrants to Canada are authorised under a "points" system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees. They may have a higher unemployment rate than native-born workers, Mr Reitz said, and they benefit from programmes and services created specially for immigrants, such as language training. But the preponderance of evidence suggests that Canada's immigrants, being high-skilled, are net contributors.

    Mr Reitz's second explanation was that Canadians see multiculturalism as an important component of national identity. In one public opinion poll, Mr Reitz said, multiculturalism was deemed less important than national health care but more important than the flag, the Mounties, and hockey. Irene Bloemraad, a sociologist at the University of California at Berkeley, picked up this theme. There wasn't such a thing as a purely Canadian passport, she said, until 1947. Canada was, psychosocially, very much a part of the British commonwealth until quite recently. When it came time to create a distinctively Canadian identity, the country included a large and vocal Francophone minority (as well as a considerable number of first peoples). The necessity of bilingualism contributed to a broader public commitment to multiculturalism, which persists today.

    Other factors allow Canada to be more inviting. The country has little reason to worry about illegal immigration. Like the United States, it shares a long southern border with a country suffering from high levels of crime, unemployment and income inequality. But there aren't millions of Americans yearning to get into Canada. To put it another way, the United States's buffer zone from the eager masses is a shallow river. Canada's is the United States. That reduces unauthorised migration to Canada and eases public anxiety about it. Canada also has a smaller population and lower birth rate than the United States�it needs immigrants for population growth.

    Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the United States and Canada. The United States supports pluralism and in some respect this leads to similar structures in the two countries. (Ms Bloemraad mentioned that both the United States and Canada have unusually robust legal protections against discrimination, for example.) But in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value.

    Still, looking at Canada, we can extrapolate a few things for the United States. The first is that, as we've previously discussed here, the United States really should be more open to high-skilled immigrants. They're good for the economy, and an uptick in demonstrably uncontroversial immigrants might mitigate anxiety about the group as a whole. Another is that while there may be benefits to the tacit acceptance of undocumented immigration�the United States acquires an immigrant labour force without making any accommodations for the population�there are also foregone opportunities. One of these, compared to the Canadian approach, is in the United States's ability to foster integration through language training or other settlement programmes.

    Losing (but Loving) the Green Card Lottery (http://www.nytimes.com/2011/05/20/opinion/20mounk.html) By YASCHA MOUNK | New York Times
    We Need Sane Immigration Reform (http://online.wsj.com/article/SB10001424052748703509104576330110520111554.html) Letters | Wall Street Journal
    U.S. to investigate Secure Communities deportation program (http://www.latimes.com/news/nationworld/nation/la-na-secure-communities-20110519,0,3087175.story) By Lee Romney | Los Angeles Times


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  • srkamath
    07-13 04:32 PM
    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.

    I'm not picking on anybody's writing skills, sorry if it sounded so.......I was a little upset by the ".....crying like little babies...." remark by rajuram.

    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....

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  • snathan
    09-27 11:35 AM
    What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.

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  • gc03
    05-17 10:56 AM
    Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.

    Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)

    Should we thank CNN Writer Lou Dobbs?

    04-12 04:54 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    There are thousands of real estate agents who charge 3% commission for sale of homes. Buyer's agent gets 3% and seller's agent gets 3%. It takes a total of 6% in commissions of real estate agents when you sell your house.

    Of those 3% commission that each agents get, the pass on 1% to the agency. Like if a Remax or century 21 agent gets $3000 in commission, he/she has to give $1000 to the agency and keep $2000.

    SO going by that principle, "kickbacks" as you would call it, would not be legal? Right?

    Everywhere, a portion of revenue, if the employee generates revenue for the employer goes to employer. That's how employer keeps his lights on and feeds his/her family.

    Now there are some who exploit this to their advantage. And that should be fixed. One way to fix it is to limit certain holds and loosen the grip of employers on the greencards petition of employees. Completely destroying the consulting business is not the answer to that as this bill tries to do.

    If you are working "Like a dog" then you should get paid overtime for anything beyond 40 hours. Its a part of negotiation and its your responsibility to negotiate that with your employer before joining the project.

    03-31 06:36 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?

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