Friday, July 1, 2011

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  • coopheal
    07-15 07:16 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.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.





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  • rockstart
    07-15 08:26 AM
    The letter is trying to say either of two things from heart

    1) Employer / DOL/ Lawyers cheated us by filing us under EB3 even though the job posting was well qualified for Eb2.

    2) Employer / DOL/ Lawyers were Naive so ended up filing us under EB3 even though the job posting was well qualified for Eb2.

    So now CIS can compensate us since we are waiting in line for so many years. In old times when the system was so inefficient and now you have cheated us by improving the system and people have sneaked past us? All this might be true but when you are presenting a legal case these things do not stand a chance of being accepted.

    The right way will be to remove all references to Eb2 accept the fact that you consented to be in Eb3 so you should take all the pro's and con's associated with it. After that we can all write letters to CIS and all others under guidance of IV higlighting the endless waits and how visa recapture will help this mess. Dont make comparisons with Eb2 to justify your case because it isnt right and if you feel it is right then why just Eb2 why not EB1 after all they get GC in 1-2 years flat.

    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.





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  • go_guy123
    07-28 03:37 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

    yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000





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  • mariner5555
    04-08 11:10 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
    Hi Mark,
    a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
    I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)



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  • nojoke
    04-07 04:54 PM
    In early 2000 when the stock market was going crazy, every pundit worth his salt was proclaiming at the top of their voice to buy stock. And then the whole thing collapsed.

    In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.

    I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.

    Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.

    But there is a risk. And house is big ticket item, you have move cautiously.

    Your reasoning is flawed. Lot of people made money in the dot com boom era selling stocks. Just like you, lot of them said during the midway of crash that the stocks had fallen and is very attractive to buy and is a buying opportunity bla bla. Many fell victims. All those stocks became worthless.

    We are in the middle/start of the correction. Housing takes a long time to correct, unlike stocks. It took 6 years for the last real estate crash(1989) to bottom out. No way it is attractive to buy at this time.





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • Beemar
    01-01 03:14 PM
    Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.


    India Set to Launch 'Small War'
    http://www.commondreams.org/headlines02/0531-01.htm

    Delhi ups its war rhetoric
    http://www.atimes.com/ind-pak/BA27Df01.html

    US fears India may attack militant training camps in PoK
    http://www.expressindia.com/news/fullstory.php?newsid=10507

    India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
    http://www.highbeam.com/doc/1P2-588205.html

    Bush appeals to India, Pakistan to `draw back from war'
    http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM


    India, Pakistan shoot, talk of war
    http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM





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  • NKR
    03-25 02:13 PM
    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.



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  • DSJ
    05-17 10:48 AM
    Come on man, stop eating disk space. I agree you are next successor to Bill Gate.

    Behave like a high skilled person. ......





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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?



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  • myuname
    04-06 10:44 PM
    I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)

    1) India and China stop sending so many Engineers and doctors.
    2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's


    I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.

    Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!





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  • vdlrao
    07-14 01:03 PM
    I presume EB2 India will be current by next October. Till now for EB2 India there are only 1/3 of 7% of 140K visas which are 3,266. Due to the new change of horizontal fall outs EB2 India exclusively getting about 32k visas, very little share to china. So this change making an availability of about 30k aditional visas to EB2 India along with regular 3,266. So total About 32K visas for EB2 India. This includes unused Family Visa Numbers as well. So from now on EB2 India getting almost 10 times more visas.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.



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  • alterego
    08-10 09:08 PM
    Let this be an example to all those who believe that trying to get Lou Dobbs to support any cause of Legal Immigration is smart, in fact it is actually foolish. He is simply against ALL IMMIGTATION completely, most of those comentators that attack illegal immigration are merely holding back their attack on ALL IMMIGRATION because that would be counterproductive to their cause with most fair minded americans.

    Computer science graduates are in short supply in the US, this is a fact despite the outsourcing. Salaries for Computer science grads. are rising in the USA and the world over. Right now there is a deficit of about 100K graduates yearly in this area in the USA. The average Computer science grads can starts at a salary of over 60K whereas most college grads. in the US start at 40-50K annually. Computer science grads, also have easily better prospects to go on to higher salaries and better opportunities within 5 yrs.Yet Lou puts the programmers guild founder on his program to bash the H1b program................all while bashing outsourcing as the sin of sins.

    Lets follow his argument for a minute, no outsourcing, no outsiders in the USA, few US students joining in Computer science, all with a 100K deficit of Computer science graduates annually. To his infantile brain of hillbilly economics that means higher salaries for native born american computer science graduates. Win Win for america right? No, more importantly it is catchy and does wonders for this ratings!

    Actually in reality it means Japan, Taiwan, Singapore etc. will eat their lunch. What an idiot not to see that having gone to Harvard. Perhaps I should say genius braodcaster to see a niche and exploit it to perfection as if passionate about the cause.

    Thank god most americans see past this shallow thought process.....phew. If they backed his point of view, I would then be more likely to WANT to leave. The fact that his point of view still does not find a massive following gives me great faith in this great country. That his show is not matching up with other networks is enough to make me just love this country for what it is, fair minded and based on the purest capitalistic views instead of following a protectionist rant. If I have to go through years of hardship so my progeny can flourish here, I consider it a worthwile sacrifice. Thanks Lou for proving this to me every day. Where would I be without the strength you provide to me daily!





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  • nixstor
    08-10 07:55 PM
    Guys,

    Did any one watch Lou this evening? I switched on the TV and I saw H1B visa on the back ground and Lou was just done thanking a guy for being on the network. What was that about?



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  • xyzgc
    01-04 01:46 PM
    Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.





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  • Pagal
    06-20 03:45 PM
    Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D



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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris





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  • sugaur
    01-06 11:51 PM
    For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:

    Goals

    Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.


    Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.

    "Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.





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  • WantGCQuick
    06-08 10:11 AM
    I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
    and these homes are closely built compared to the ones in suwanee area..

    The homes prices never came down in these areas!!





    rvr_jcop
    03-26 07:21 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.





    qualified_trash
    05-17 12:32 PM
    gc03:

    Go and search for Lou Dobbs in this forum.

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

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

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

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



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