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  • rockstart
    07-14 08:29 PM
    I agree, does anybody have a link to the policy of how spill over of visa numbers works?

    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?





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  • abracadabra102
    12-27 12:24 PM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg

    Nice job and you and Alisa started a good thoughtful conversation.

    I agree that war is not the best option but should not be discounted outright.
    We are thinking too much of Pakistani nuclear weapons (and to some extent India's nuclear weapons as well). When Pakistan and India last tested these (1998), many experts thought these were fizzles. I could dig up one article that hints that 1998 tests are a possible fizzles.
    1. http://news.bbc.co.uk/2/hi/programmes/newsnight/6037992.stm

    2. N. Korea tested nukes in 2006 and are definitely fizzles and these are built using the same techniques used by pakistan (AQ Khan actively involved).

    3. The other important aspect of nukes is the delivery. Pakistan's capability is suspect here as well. It is not sufficient just to have warheads and missiles (made in China), they should be tied together with proper trigger mechanism and it is uncertain if China delivered this technology to Pakistan or not.

    With points 1, 2 and 3, it is reasonable to assume Pakistan can not take out India even with first strike and with nuclear weapons. I definitely think India's nukes are more potent. Assuming Indian nukes are just as bad as Pakistani nukes, finally it boils down to conventional war, and Pakistan can never beat India in a long drawn out war. The simple reason is that, India has a robust manufacturing base and much more robust economy and can continue to produce weapons and support war, where as Pakistan has to stop the moment it runs out of the weapons it bought fron US and China. Pakistan can not expect military supplies from any country once the war starts.

    The only way Pakistan can win over India is to destroy India completely with nuclear first strike and it would have done that already if it had the capability.

    If there is a war between India and Pakistan, India wins that war with or without nukes, period. So nukes should not be a deterrent for India going to war with Pakistan.

    The other point every one is making is that wars can damage India economically. Not necessarily. Look at history and you will see that many countries prospered after wars (eg. US, UK, Germany, Japan etc. post WW-II).

    There is one more good reason for India-Pakistan war. The major reason for failed democracy in Pakistan is its military. A war between India and Pakistan has one outcome, India's victory and destruction/weakening of Pakistan army. With weakened military, Pakistan has a chance to develop as a democratic nation, and that is good for the entire region. Proof? look at what happened after Indo-Pak war of 1971 and Indira Gandhi created Bangladesh. There was resurgence of democracy, with Bhutto becoming prime minister until that crook Zia-ul-Huq murdered him.

    But I doubt any of this will happen now. I wish Indira Gandhi is Prime minister and leading India now.





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  • GCScrewed
    07-13 08:29 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!

    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.





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  • optimystic
    04-06 02:08 AM
    Excellent analysis Jung.lee

    Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti

    I couldn't control my laughter. You have a good sense of humor too

    Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)

    But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !



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  • pitha
    04-07 11:02 PM
    Restrictionist and proctionist measures have a high probability of passing than anything relatively pro immigration. With or without strive this will pass. If not as a stand alone bill then as rider in any other bills (appropriations budget etc). All those lawmakers who were preaching against adding any immigration related issues as riders to other bills will turn the other way when this draconian measure is added as a rider to other bills.

    Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.

    People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.

    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.





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  • unseenguy
    06-08 08:43 PM
    First print the damn thing of plastic and I will buy. Right now there are pretty hot deals in my area and I am tempted to buy, but wont.
    Due to my spouse's job, I dont get the 8K benefit. So screw, let them fall further.

    1) Economy is unstable.
    2) Job is unstable.
    3) H1 / 485 is unstable

    Only the wooden sturcture would be stable.



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  • axp817
    03-26 05:52 PM
    Does this mean that H1B is also location specific?

    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.





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  • Macaca
    05-18 05:23 PM
    Guilty by Association (http://www.foreignpolicy.com/articles/2011/05/17/guilty_by_association) By RACHEL BEITARIE | Foreign Policy

    On a quiet block in western Beijing where otherwise only a few retirees can be seen walking their dogs or trimming their bushes, one building is under constant and conspicuous surveillance. A plainclothes policeman stands guard before an entranceway, while another keeps watch sitting inside a small cabin.

    The unlikely object of the Chinese state's attention in this instance is Liu Xia, a painter, poet, and photographer -- and the wife of Nobel Peace Prize laureate Liu Xiaobo. Guilty by association, she has been under house arrest, with almost no contact with the outside world, since November 2010, when her husband's award was announced. No one has heard from Liu since February, and her friends are increasingly worried about her health. Still, there is no sign that the authorities are planning to relent.

    Liu's arrest underscores a peculiar aspect to the recent Chinese crackdown on political dissidents that has seen the detention of dozens of prominent activists, intellectuals, and artists. Authorities are increasingly targeting not just critics of the ruling party, but their family members, including spouses, parents, and even young children. While the dissidents gain the headlines, their relatives are punished out of the spotlight. Though the wife of jailed artist Ai Weiwei was recently allowed a visit her husband, she could be next in line to lose her freedom.

    It's a punitive strategy that seeks to exploit Chinese traditions of filial piety. For China's dissidents, family is often both a source of strength and weakness: Chinese families tend to be close and highly involved in each other lives, and they take seriously the promise to stick together through thick and thin. The government, aware of these close ties, is using them to put more pressure on activists.

    It also bears echoes of the Cultural Revolution-era, when many Chinese families were torn apart as spouses and children were forced to denounce loved ones labeled by the authorities as capitalist traitors and were sometimes forced to take part in their public humiliation. Today's China is again making a policy of manipulating familial love and devotion to suppress any political challenges.

    "One of the more troubling trends we see in recent years has been for the government to more directly involve family members," observes Joshua Rosenzweig, a senior researcher at the Dui Hua Foundation, a U.S.-based organization dedicated to improving human rights in China. "We see surveillance, constant harassment, even extended house arrests. These all happened before, but now they have become routine" -- as in the case of Liu Xia. Rosenzweig adds, "Legal procedure has become irrelevant" in the Communist Party's quest to maintain stability. Under Chinese law, there is no procedure that allows for a person to be held indefinitely under house arrest without charges or a police investigation. "To put it simply, families are being held hostage," says Rosenzweig.

    Zeng Jinyan would concur. She has been under constant surveillance and subject to frequent house arrests ever since 2001, when she met her husband, AIDS activist Hu Jia, who is now serving a three-and-a-half-year sentence for "subversion of state power." Zeng was a student when they met, and she says she never imagined her life turning out the way it did. "I thought I'll graduate, find a job, and marry. I planned on a simple life and was hoping I could have enough time and money to travel the world," she tells me in a telephone interview. But she has since become an acclaimed activist in her own right, detailing her everyday life under the party's watchful eye on her blog and Twitter account. In 2007, Time magazine included her on its list of the world's 100 most influential people. Clearly, the regime's strategy backfired in this case.

    Most families, however, don't have nearly that kind of wherewithal. Take, for example, the family of Chen Guangcheng, a blind, self-taught lawyer from Shandong province who was imprisoned for four years for his work with disenfranchised villagers and woman forced to have abortions. After his release, he was forced to live in isolation in a Shandong village, together with his wife, Yuan Weijing, and their 6-year-old daughter. Yuan is denied almost all contact to the outside world, including to her son, who she sent away to be raised by relatives so that he can attend school. In February, the couple managed to smuggle a video out of the country in which they described their plight. They were reportedly beaten and denied medical treatment after the video was posted online.

    On the phone, Zeng describes the successive levels of pressure that the government applies to her: "First of all, there is worrying about [Hu's] safety. For some time, we didn't even know where he was and what kind of abuse he was suffering. I worry about his health, about his mental situation."

    "Then there is the question of making a living and sustaining some income as a de facto single mother," she continues. (Zeng's daughter is three-and-a-half years old. Her father was imprisoned shortly after she was born). "Because of constant police harassment, I could not get a good job or start a business. For a time, I couldn't even get a nanny for my child because when I hired one, the police would threaten her and scare her away."

    Zeng says the psychological warfare she faces is brutal. Between threats and detentions, she repeatedly has to deal with the innuendo from her surveillance teams and government-sponsored neighborhood committees, which suggest there were "high-positioned" men "interested" in her and imply that she could improve her situation greatly if only she would leave her partner.

    "All this is meant to isolate me from society and to break me down," Zeng concludes. "Sometimes it works. They planted deep trauma in my heart."

    Although Zeng has chosen to join her husband in dissenting against the government, picking up where Hu was forced to leave off when he was arrested for his activism, some relatives of dissidents prefer to keep quiet. Still others try to actively distance themselves from activism, sometimes going so far as to move to an entirely new city or even to file for divorce. That's what happened in the case of Yang Zili, a social commentator who was imprisoned for eight years in 2001 for organizing a discussion group on political issues. His wife at the time, Lu Kun, petitioned several times on his behalf, took care of his defense and finances, and visited prison when allowed, but eventually moved to the United States. The couple divorced after Yang was released in 2009. Yang says he understood her decision. "It is just too much pressure, being the wife of a dissident in China; it's a fate many prefer to avoid," he says. Still, Lu's choice also made Yang's life more difficult: the last couple of years of his prison term he was held in almost complete isolation, with no family visits at all.

    "Tactics are definitely designed to put pressure on those who contemplate political activism," Rosenzweig explains. "It is one thing to be willing to confront authorities or even go to jail, and another thing to know your family will suffer. This doesn't always deter everyone from speaking up, but it is a factor dissidents take into account." Liu Xiaobo, the Nobel laureate, referred to this factor in addressing his wife in a speech before the court that sentenced him -- after a speedy trial that Liu Xia was not allowed to attend -- to 11 years in prison: "Throughout all these years ... our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin.... My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight," Liu said.

    Wives (and in some cases husbands) are not the only ones who earn the attention of the state: Zeng's parents, who live in Fujian province, receive frequent police visits, while her in-laws in Beijing were put under house arrest several times. In another case, the elderly parents of an activist were threatened by the local police in their small town and were then rushed to Beijing so that they could pressure their son to stop his involvement in human rights organizations. A Shanghai lawyer, Li Tiantian, reported in February that her boyfriend was threatened that he'll be dismissed from his job on account of her activism. Li has since been taken into police custody.



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  • akkisingh@hotmail.com
    01-06 02:36 PM
    I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.





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  • singhsa3
    10-01 05:10 PM
    God knows what in store for us. Nothing except our determination is in our favor.



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  • senthil1
    05-15 09:11 PM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.





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  • SunnySurya
    08-05 03:57 PM
    You have rekindled my interest. I am not a lawyer but have been in a job that required reading contracts and legal matters. Your points made me think that we may have some case here. So if you are intersted we could take some legal opinion. If four or five people can join then we can share the cost for the initial consultation.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.



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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.





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  • Macaca
    05-16 07:45 PM
    Some paras from Latino Groups Play Key Role on Hill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html) -- Virtual Veto Power in Immigration Debate By Krissah Williams and Jonathan Weisman (http://projects.washingtonpost.com/staff/email/krissah+williams+and+jonathan+weisman/), Washington Post Staff Writers, Wednesday, May 16, 2007

    After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.

    "There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."

    Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.

    Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.

    Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.

    LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.

    The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.

    The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.

    "At least they are paying attention to us," said MALDEF President John Trasvi�a.

    The groups have also made it clear to Republicans that they are willing to press hard this year.

    "Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.


    Membership + Funding + Lobbying + Patience = Chance of Success
    Anything else = Absolute failure


    Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.



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  • h1techSlave
    04-07 03:19 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.

    I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.

    The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.

    Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
    Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.

    No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.





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  • skakodker
    12-31 11:40 AM
    Thank you for your message smisachu. I noticed some other senior members red-dotted me! A red dot or two will never dampen my support albeit mainly phone and mail and enthusiasm for IV's and our cause.

    In response, I believe that violence is the ego rearing its head in response to itself.

    These so-called "camps" are collections of tents and basic infrastructure. Bombing them will achieve, at best, a brief lull (if that) until a new camp is set up and staffed by the hundreds and thousands of misguided personnel that comprise these extremist factions from all over the world.

    At worst, a unilateral assault on Pakistan will result in a nuclear war - the ultimate Pandora's box. What better result could the extremists desire?

    Is there not a better way that involves improving the lot of all and in doing so, dimming the lure of extremist ideaologies?

    I am not saying that we musn't defend ourselves. That is our right. I am proposing that we first address the beast within - the one whose ineffectiveness permitted this attack to occur in the first place. Coming up with ways to achieve this could be our primary intent.

    There is plenty of scope to improve our intelligence services, training, and even basic equipment (our cops arrived with .303 rifles that wouldn't fire!) - but the long term fix for any problem will always be one that starts from within and works it way to the without.

    Peace to all.



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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment


    http://www.murthy.com/news/n_hombus.html

    http://www.murthy.com/news/n_nscuna.html

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • NKR
    09-30 02:55 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.





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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.





    Beemar
    12-26 12:52 PM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.





    unitednations
    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.