Thursday, June 30, 2011

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  • Arjun
    07-14 08:35 PM
    I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.

    The way it is working for EB2, it is going to work exactly for EB3.




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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance




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  • yagw
    08-08 12:41 AM
    Wonderful thread... keep it flowing folks... :)

    here are some yogi's quotes:

    "This is like deja vu all over again."

    "You can observe a lot just by watching."

    "You've got to be very careful if you don't know where you're going, because you might not get there."

    "If you don't know where you are going, you will wind up somewhere else."

    "You better cut the pizza in four pieces because I'm not hungry enough to eat six."

    "Baseball is 90% mental -- the other half is physical."

    "If you come to a fork in the road, take it."

    "I made a wrong mistake."

    "Nobody goes there anymore; it's too crowded."

    and now the best one...

    "I didn't really say everything I said."




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  • boreal
    09-27 12:31 PM
    Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...

    Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)

    Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..

    Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)



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  • imbond707
    08-06 08:41 AM
    Dear Rolling_Flood,

    Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.

    May GOD give you wisdom. (Amen�)

    James Bond




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  • gimme_GC2006
    03-25 03:28 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D



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  • rbharol
    04-08 01:04 AM
    Guys,
    In the bill summary, I do not see where it says that H1B extensions will not be
    possible for those who have I-140 approved.

    I-140 approval itself means that USCIS and DOL has agreed that this person
    is needed for this position and AOS can be filed(If offcourse Visa numbers are
    available).


    (I am sorry I have not read the full text of the bill.)




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  • number30
    03-25 01:09 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.

    I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working



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  • Transformers DotM Legends


  • cinqsit
    03-26 06:25 PM
    Alas cannot upload an attachment either ..




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  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.



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  • pappu
    04-07 05:29 AM
    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.
    Members working for consulting companies can talk to their employers about this. Let us know their response.




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  • Macaca
    12-27 06:59 PM
    India chasing a U.N. chimera (http://www.thehindu.com/opinion/op-ed/article995760.ece) By K. S. DAKSHINA MURTHY | The Hindu

    In recent years it has become standard practice for the Indian media to ask visiting foreign dignitaries where they stand on New Delhi's claim to a permanent seat in the UNSC. If the answers are in the affirmative, there are smiles all round and the glow is then transmitted to readers or viewers as the case may be.

    Among the Permanent Five in the Council, the United Kingdom has long affirmed support, so have France and Russia. China has remained non-committal. So the United States' stand was deemed crucial. When President Barack Obama, during his recent visit, backed India for a permanent seat, the joy was palpable. The media went to town as if it were just a matter of time before India joined the select group of the World's almighty. The happiness lasted a few days until the first tranche of WikiLeaks punctured the mood somewhat.

    The revelation of U.S. Secretary of State Hillary Clinton's classified whisper, describing India as a self-appointed front-runner exposed Washington's innermost thoughts on the subject. Though the embarrassing leak was subsequently sought to be played down, it opened the curtain to a larger truth which is that the U.S. and the other four have never really been interested in real reforms to the Security Council.

    Public pronouncements, positive affirmations and slap-on-the-back relationships don't necessarily translate into action on the ground.

    Reforms

    Jakob Silas Lund of the Centre for U.N. Reform Education states a few individuals within the process believe that some of the Permanent Five countries “are more than happy to see reform moving at near-zero-velocity speed”.

    The reforms are open to interpretation. Broadly, they mean democratisation of the Security Council to make it representative and in tune with the contemporary world. This, for some, means more permanent members. The Group of four — India, Brazil, Japan and Germany — has been the most vocal in demanding it be included.

    What is surprising, especially where India is concerned, is the hope and optimism that it is heading towards a permanent seat. In reality, a committee set up by the United Nations 17 years ago to go into reforms shows little signs of progress.

    The first meeting was held in 1994 of the U.N. group, a mouthful, called the “Open-Ended Working Group on the Question of Equitable Representation and Increase in the Membership of the Security Council and Other Matters Related to the Security Council”. Until now, this group has completed four rounds of negotiations, just on preliminaries.

    A brief peek into the past will make it clear that the addition of more veto-wielding permanent members to the Council is a veritable pipe dream. For any amendment to the U.N. charter, two-thirds of the General Assembly needs to acquiesce. This may be possible but the next requirement, that of ratification by the Permanent Five, is the real obstacle.

    Since the formation of the United Nations in 1945, there have been only a handful of meetings of the Security Council to discuss the original charter, and even that, merely to discuss minor amendments. One of some significance came about in 1965 when the membership of temporary, non-veto powered countries in the Council was increased from six to 10 and the number of votes required to pass any decision increased to nine from seven.

    As academic and U.N. commentator Thomas G. Weiss wrote in the Washington Quarterly, “Most governments rhetorically support the mindless call for equity, specifically by increasing membership and eliminating the veto. Yet, no progress has been made on these numerical or procedural changes because absolutely no consensus exists about the exact shape of the Security Council or the elimination of the veto.”

    The argument for a bigger, more representative Council is undoubtedly valid but the issue is who will implement it and how.

    U.S. is the prime mover

    In today's global equation the U.S. is the acknowledged prime mover. It has already had to sweat it out to convince the other four members to go with it on several issues, like the sanctions against Iran. If more countries are allowed to join the Council the difficulties for U.S. interests are obvious, even if those included are vetted for their closeness to Washington.

    Real and effective reforms should have meant democratisation of the Security Council to reflect the aspirations of all its members. Ideally, this should mean removal of permanency and the veto power to be replaced with a rotating membership for all countries, where each one big or small, powerful or weak gets to sit for a fixed term in the hallowed seats of the Council. This is unthinkable within the existing framework of the United Nations. At the heart of the issue is the reluctance of the Permanent Five to give up the prized veto power.

    The situation is paradoxical given that democracy is being touted, pushed and inflicted by the U.S. across the world. But democracy seems to end where the Security Council begins. The rest of the world has no choice but to bow to its decisions. The consequences for defying the Council can be terrifying as was experienced by Saddam Hussein's Iraq through the 1990's. Iran is now on the receiving end for its defiance on the nuclear issue.

    Not just that, the credibility of the Security Council itself took a beating over its inability to prevent the U.S. invasion of Iraq in 2003. Having failed to convince France, Russia and China to vote for invading Iraq, the U.S. went alone. The Council was reduced to a bystander. It failed to fulfil its primary task, that of ensuring security — to Iraq.

    What this also implies is that Council or no Council, in today's unipolar world, the U.S. will go with what it decides and no one can stop it. This has been the case particularly since the end of the Cold War. “With a U.S. global presence as great as that of any empire in history, Security Council efforts to control U.S. actions are beginning to resemble the Roman Senate's efforts to control the emperor,” writes Weiss.

    Instead of trying to clamber onto a patently unfair arrangement it would have made more sense if the four self-appointed front-runners along with the rest of the world had demanded a more equitable and representative Council.

    To achieve this, academic and U.N. expert Erik Voeten suggests pressure tactics to counter veto power. One tactic is for countries en bloc to ignore the decisions taken in the Security Council. Another is for Germany and Japan, which are among the largest contributors to the United Nations, to turn off the tap.

    Despite this, if nothing happens, countries may have no choice but to look for, or at least threaten to float, an alternative U.N.-like organisation whose structure would be more in tandem with the contemporary world. Idealistic, perhaps. But this should force the Permanent Five to sit up and take real notice.

    K.S. Dakshina Murthy was formerly Editor of Al Jazeera based in Doha, Qatar



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  • apt7
    05-16 12:04 AM
    What will happen to the hundereds and thousands of consultants working in firms like Mircosoft, IBM, JP Morgan, Oracle etc and all the other big and small firms? I bet there will be no more BAUs (business as usual) in the all those companies..




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  • Madhuri
    09-30 01:40 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.



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  • Imigrait
    03-24 01:55 AM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Are you sure they asked about performance appraisals? That's personal information . In fact, how are they going to justify why they need this information?




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  • spbpsg
    03-24 12:54 PM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.

    I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.



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  • Ahimsa
    02-22 06:46 AM
    ... there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.

    Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.




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  • dpp
    05-16 12:07 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.


    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons




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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).




    thakurrajiv
    04-06 09:35 AM
    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier t his decade.
    Jung.lee very good second post from you. People still think it is very easy to keep on holding onto your home for long time till turn around happens.
    But life events can cause you to sell like
    1. Job loss and not able to find job in the same area till back up money runs out.
    2. Kids grow up and you need to pay for college and you have little saving as you are holding to see turn around
    3. Hope not but some medical emergency.

    There can be many more situations. Do you know what people are currently doing in these situation ?
    Get money from Home equity ATM machine !!

    Personally I will be scared to buy now as my payment will be more than 50% of my salary and any of above situations will cause me to sell.
    The prices have to become saner ....
    This is very different from anything we have seen. Wall street will change, money will be harder to come by.
    I think time to say " Welcome savings again ". Long term very good for US as country.




    cinqsit
    03-26 02:08 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit



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