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Friday, July 8, 2011

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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?





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  • nogc_noproblem
    08-29 09:03 PM
    Dog Philosophy

    � The reason a dog has so many friends is that he wags his tail instead of his tongue. - Anonymous

    � Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers

    � The average dog is a nicer person than the average person. - Andy Rooney

    � Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud

    � Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler

    � If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain

    � If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret





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  • Macaca
    02-29 07:21 AM
    In Defense of Lobbying (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803232.html?hpid=opinionsbox1) By Charles Krauthammer | WP, Feb 29

    Everyone knows the First Amendment protects freedom of religion, speech, press and assembly. How many remember that, in addition, the First Amendment protects a fifth freedom -- to lobby?

    Of course it doesn't use the word lobby. It calls it the right "to petition the Government for a redress of grievances." Lobbyists are people hired to do that for you, so that you can actually stay home with the kids and remain gainfully employed rather than spend your life in the corridors of Washington.

    To hear the candidates in this presidential campaign, you'd think lobbying is just one notch below waterboarding, a black art practiced by the great malefactors of wealth to keep the middle class in a vise and loose upon the nation every manner of scourge: oil dependency, greenhouse gases, unpayable mortgages and those tiny entrees you get at French restaurants.

    Lobbying is constitutionally protected, but that doesn't mean we have to like it all. Let's agree to frown upon bad lobbying, such as getting a tax break for a particular industry. Let's agree to welcome good lobbying -- the actual redress of a legitimate grievance -- such as protecting your home from being turned to dust to make way for some urban development project.

    There is a defense of even bad lobbying. It goes like this: You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.

    Good lobbying, on the other hand, requires no such larger contextual explanation. It is a cherished First Amendment right -- necessary, like the others, to protect a free people against overbearing and potentially tyrannical government.

    What would be an example of petitioning the government for a redress of a legitimate grievance? Let's say you're a media company wishing to acquire a television station in Pittsburgh. Because of the huge federal regulatory structure, you require the approval of a government agency. In this case it's called the Federal Communications Commission.

    Now, one of the roles of Congress is to make sure that said bureaucrats are interpreting and enforcing Congress's laws with fairness and dispatch. All members of Congress, no matter how populist, no matter how much they rail against "special interests," zealously protect this right of oversight. Therefore, one of the jobs of the chairman of the Senate Commerce Committee is to ensure that the bureaucrats of the FCC are doing their job.

    What would constitute not doing their job? A textbook example would be the FCC sitting two full years on a pending application to acquire a Pittsburgh TV station. There could hardly be a better case of a legitimate "petition for a redress" than that of the aforementioned private entity asking the chairman of the appropriate oversight committee to ask the tardy bureaucrats for a ruling. So the chairman does that, writing to the FCC demanding a ruling -- any ruling -- while explicitly stating that he is asking for no particular outcome.

    This, of course, is precisely what John McCain did on behalf of Paxson Communications in writing two letters to the FCC in which he asked for a vote on the pending television-station acquisition. These two letters are the only remotely hard pieces of evidence in a 3,000-word front-page New York Times article casting doubt on John McCain's ethics.

    Which is why what was intended to be an expos¿ turned into a farce, compounded by the fact that the other breathless revelation turned out to be thrice-removed rumors of an alleged affair nine years ago.

    It must be said of McCain that he has invited such astonishingly thin charges against him because he has made a career of ostentatiously questioning the motives and ethics of those who have resisted his campaign finance reform and other measures that he imagines will render Congress influence-free.

    Ostentatious self-righteousness may be a sin, but it is not a scandal. Nor is it a crime or a form of corruption. The Times's story is a classic example of sloppy gotcha journalism. But it is also an example of how the demagoguery about lobbying has so penetrated the popular consciousness that the mere mention of it next to a prominent senator is thought to be enough to sustain an otherwise vaporous hit piece.

    Free advice to the K Street crowd: Consider a name change. Wynum, Dynum and Bindum: Redress Petitioners.





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  • thepaew
    09-29 04:58 PM
    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.

    By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

    I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

    I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

    Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

    P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.



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  • xyzgc
    12-26 01:04 PM
    India is already at war with the terrorist state of Pakistan! Just that we never realize it and try to talk about peace all the time...you can see what Pakis have done to curb terrorism! Are the peace talks working? Did they ever work?

    Mark my words, there are going to many more attacks in the future, disrupting Indian business and economy...killing innocent civilians...is that anything short of a war?

    If India leaders don't take any concrete steps to put a lid on this, they are the greatest fools on this planet.





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  • nojoke
    04-12 03:03 PM
    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news



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  • imvoice1234
    01-08 12:18 PM
    Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.





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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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  • immique
    07-14 10:10 PM
    why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.

    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.





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  • satishku_2000
    05-16 05:39 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.

    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?



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  • funny
    10-01 05:17 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.


    It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....





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  • qasleuth
    03-23 05:23 PM
    Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.



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  • eb3India
    04-07 05:08 PM
    In late 1970's US had great demand for Doctors many Indian and Pakistan doctors migrated to US on green card, however after few years as demand went down, immigration for doctors also become very tough, infact complete system for foriegn doctors was made very restrictive.

    I see similar thing happening to IT but the catch here is Internet, virtually we can work from anywhere, but our senators who think internet is like series of tube does'nt get this





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  • suavesandeep
    06-23 12:00 PM
    Tax credit for home purchase could rise - USATODAY.com (http://www.usatoday.com/money/economy/housing/2009-06-22-homebuyer-credit-may-be-extended_N.htm)


    1. It started with $8,000 tax credit which had to be repaid over the next x years.
    2. After a year they said you don't have repay the $8,000 tax credit. Keep IT.
    3. Now till end of 2010 they are proposing $15,000 tax credit.. And open it up to everybody and not only new home owners.
    4. 2011. There may be a bigger tax credit.

    Depending on the year you buy you lose some change.
    Somebody up there is really determined to keep the housing bubble and not let the market correct itself.



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  • riva2005
    04-08 11:43 PM
    Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.





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  • nojoke
    04-30 02:37 AM
    http://money.cnn.com/2008/04/29/real_estate/housing_price_fall_deepens/?postversion=2008042912
    http://www.wsbtv.com/video/16065351/index.html

    Strap on your seat belts. This is going to be a rough ride...



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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.





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  • NKR
    07-14 03:52 PM
    ---------------------------------------------------------------------------
    I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.


    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.





    ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.





    Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.



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