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  • panky72
    09-27 11:07 PM
    If you visit this website, you can read Obama's policies on legal Immigration reform. It looks like Obama and Joe Biden plan to fix the legal immigration system and improve processing speed due to bureaucratic delays. He also introduced the legislation to speed up FBI background checks.

    Source: http://www.barackobama.com/issues/immigration/

    I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
    http://shusterman.com/pdf/obama908.pdf





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  • nogc_noproblem
    08-05 01:35 PM
    A guy in a bar was talking about how he always watched his wedding video backwards.

    When asked why, he replied:

    "Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."





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  • qasleuth
    03-31 07:44 PM
    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

    Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.





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  • vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.



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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.





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  • obviously
    08-05 09:41 PM
    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

    While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

    While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

    Go ahead, rant, rave... enjoy your stress... :D

    BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !



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  • s_r_e_e
    08-11 05:54 PM
    DJ: Come on Sarah... where did you have it?



    :D:D:D:D:D:D joke of the year..





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  • razis123
    12-18 03:11 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....



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  • Marphad
    12-17 02:37 PM
    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!

    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.





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  • gaz
    12-28 08:41 PM
    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.

    As someone who comes from an army family and who has been trained as a reserve, I want to assure you guys who think that an Indo-Pak war will linger; that it will not. It will take Indian army 15-20 days to reach Islamabad if the full force is deployed and the army is in charge of the war and not our politicians.
    Pak has nukes, but their delivery mechanism is not sound and before Pak launches any nukes, US will disarm them and even if a few are launched India had a very good anti missile shield which will intercept and destroy all warheads before it enters Indian air.
    Now to actual strategies that India should follow-
    1. The civilian government in Pak is not at fault, previously they were responsible for terrorist attacks on India but now they are suffering at the hands of a monster of their own making. Terrorism and ISI.
    2. India should use air and missile power to strike out and wipe out a 500km radius around each terrorist camps while offering an olive branch to the Pak govt. What this does is it will kill with certainty all terrorists and will also wipe out surrounding villages.
    3. These are casualties of war and are a necessary evil, it will strike fear in the hearts of villagers and when ever a terrorist camp is set up; the surrounding villagers will chase them out in fear of India's wrath.
    4. India should send RAW analysts to assassinate all rouge ISI officers, if needed Mossad of Israel can help India.
    5. Finally the only way to deal with the problem of Pakistan longtime is to either socially cleanse Pakistan for the civilian government and bring in more modernism or carve out pakistan into several independent states. This is a long term goal which has to be thought about.

    If anyone is interested I can post the actual army strengths of India and Pak, its an interesting statistic and I am sure the Pak government knows about it in more detail than me. And it beats me that in spite of knowing the facts they are doing all this war posing. Just a tit bit from it, Indian army (only) is 1.3mil + 450K (reserves) strong. The combined Pak armed forces are 450K active + 500K reserves. India outnumbers Pak in almost every aspect 1:5 on an average. We have fought 4 wars and India has won all 4 times, why should the 5th time be any different? Lets finish this and move on, we have to become an economic superpower and we cannot be bothered by such trivial things like terrorism and pakistan. Lets take terror to the terrorists, like the song from the Hindi movie Arjun goes
    " Dushman ko yeh dikadho dushmani hai kya...":cool:



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  • Administrator2
    04-06 09:03 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.





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  • gimme_GC2006
    03-23 12:08 PM
    How did you verify if the call was really from Immigration services?

    well..thats good question..I couldnt..because calling number was Unavailable..

    Call came to my cell which is the number I put in 485 app.

    She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..



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  • rockstart
    07-14 02:07 PM
    See if things spill horizontally or vertically Eb3(I) is still last in the chain. So many people have demonstrated it. All these days Eb3 (ROW) was gaining from spill over. Now CIS feels that Eb2 takes preference over Eb3 ( which for practical purpose is ROW and not India/ China) so that is why Eb2 is moving forward, else like eb3 eb2 India was also struck. What you are asking is complete re-working of spill over rules. That is not what CIS can do on its own. The rule was always clear Eb1 spill goes to Eb2 and then to Eb2 if some one needs to complain it should be Eb2 who did not get these numbers much earlier.

    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.





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  • dontcareanymore
    08-05 02:16 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.



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  • nogc_noproblem
    08-05 02:25 PM
    Due to inherit a fortune when his sickly, widower father died ...

    ... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.

    "I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."

    The woman went home with Charles, and the next day she became his stepmother.

    ... when will men ever learn!





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  • pitha
    10-03 03:55 PM
    To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question

    Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.

    I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.


    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.



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  • mirage
    01-07 01:38 PM
    Refugee,
    If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..





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  • nogc_noproblem
    08-22 02:52 PM
    Satan was complaining bitterly to God, "You made the world so that it was not fair, and you made it so that most people would have to struggle every day, fight against their innate wishes and desires, and deal with all sorts of losses, grief, disasters, and catastrophes. Yet people worship and adore you. People fight, get arrested, and cheat each other, and I get blamed, even when it is not my fault. Sure, I'm evil, but give me a break. Can't you do something to make them stop blaming me?"

    And so God created lawyers.





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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.





    senthil1
    11-15 07:16 AM
    Aggressive increase of H1 will increase immigration and drive down the wages. That already happened after Dot com burst. Thousands of H1 people went back to India at that time and many people lost jobs. It was very tough to get the job beween 2000 to 2003. I think moderate increase of H1 is fine. But Skill bill gives market based increase every year and exemptions. This does not have American peple support. Actually Companies are trying to kill the hot job market in IT now. In reality Top 20 Indian companies does not have any problem in bringing people as they are using L1. Only American companies like Intel Microsoft may have a problem in getting people. Also Lot of Desi consulting companies rushing at the time of April and applying so many h1s to avoid caps. Anyone is not sure whether that is used or not. They are bringing people gradually and might not use some of h1s. Because of this lot of genuine companies cannot use h1s. They have to regulate h1s before increasing. I am sure even if they increase 200k H1 it will not be enough as so many people are waiting in India. Thats why they are asking market based increase every year and exemptions. Infact if they do this current h1 people will the imapct in another 2 years. There is no point if you have a gc but you will not be having a job. Since democrats win I won't be surprised that Skill may be passed in current form. But election result does not favor or oppose immigration. Generally American public does not care about immigration as other issues are more important for them.
    Moderate increase of GC( may be 300 to 400k) coupled with 120k h1s will give releif to everyone for next 5 to 10 years. As everyone knows companies are strongly lobbying for H1s but not Gcs though they are supporting. Companies will be happy if h1 is increased.





    eager_immi
    02-02 12:22 PM
    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

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



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