waitnwatch
05-24 10:38 PM
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.
-R
you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.
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nixstor
11-12 08:26 PM
Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
bajrangbali
06-05 11:33 AM
Good analysis there dude!
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
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Ramba
09-29 03:57 PM
Good analysis ..
Full disclousre - I consider myself a fiscal conservative. But after watching the debate I believe Obama is a better candidate for Presidency than John McCain and here's why -
1) There is a third dimension to the economic debate besides tax cuts and tax raises - National Debt - which has run into uncountable trillions of Dollars. Obama gets it. McCain doesn't.
2) Both candidates want to cut Defense expenditure. McCain thinks making Defense contracts fixed cost will cut expenditure substantially. How does he plan to do that without affecting quality? Are we to see more of the guns that don't fire in Iraq? Obama has a better solution - end the Iraq War in a timely fashion and save trillions of dollars spent every month.
3) McCain wishes to continue the practice of cutting billions of dollars check anually to Pakistan, most of which goes to buy ammunition from US weapons manufacturers. In other words, a subsidy/corporate welfare in the name of 'War on Terror'. Obama plans to hold them accountable for the money they receive and wishes to see the money go to rooting out Al-queda rather than weapons that threaten India into an arms race. Obama plans to hunt down and eliminate Al-queda in Iraq. McCain has no such immediate plans! He wishes to fight the war in Iraq for 4-8 more years and pass on the responsibility to his successor.
4) McCains solution to energy crisis is to destroy the North Pole and burden thousands of generations to come with nuclear waste which will literally take a millenia to clean-up. Obama has placed is bet on replenishable ,greener and less expensive alternatives.
5) Both candidates plans require 'Borrow and Spend' in the short term due to proposed tax cuts. I would rather have Obama spend it on Energy Research than let McCain blow it up in I-rack. At least with Obama plan, America has a chance that reduced dependency on foreign oil may let US government divert the money currently spent on Foreign Oil in paying off debt, rather than pass it on to the future generation.
6) Obama has proposed a medical insurance to help veterans. McCains answer -' I know veterans. I will take care of them'. What kind of answer is that?
7) Obama's stated position is that American companies can bring in more skilled foreign workers as long as there is a need. We are of course concerned about his buddy Sen. Durbin's views which are diametrically opposite of Obama's stated position. On the other hand, McCain doesn't consider EB immigration to be important enough to have a position. In John McCains world - we simply don't exist!
I think it's a good effort by Chandu to educate EB immigrants on the political realities so that we get ready in the days to come to face any eventuality. Also it will aid those of us who get Green Cards in the mean time to make wise decisions while contributing to future election campaigns.
Full disclousre - I consider myself a fiscal conservative. But after watching the debate I believe Obama is a better candidate for Presidency than John McCain and here's why -
1) There is a third dimension to the economic debate besides tax cuts and tax raises - National Debt - which has run into uncountable trillions of Dollars. Obama gets it. McCain doesn't.
2) Both candidates want to cut Defense expenditure. McCain thinks making Defense contracts fixed cost will cut expenditure substantially. How does he plan to do that without affecting quality? Are we to see more of the guns that don't fire in Iraq? Obama has a better solution - end the Iraq War in a timely fashion and save trillions of dollars spent every month.
3) McCain wishes to continue the practice of cutting billions of dollars check anually to Pakistan, most of which goes to buy ammunition from US weapons manufacturers. In other words, a subsidy/corporate welfare in the name of 'War on Terror'. Obama plans to hold them accountable for the money they receive and wishes to see the money go to rooting out Al-queda rather than weapons that threaten India into an arms race. Obama plans to hunt down and eliminate Al-queda in Iraq. McCain has no such immediate plans! He wishes to fight the war in Iraq for 4-8 more years and pass on the responsibility to his successor.
4) McCains solution to energy crisis is to destroy the North Pole and burden thousands of generations to come with nuclear waste which will literally take a millenia to clean-up. Obama has placed is bet on replenishable ,greener and less expensive alternatives.
5) Both candidates plans require 'Borrow and Spend' in the short term due to proposed tax cuts. I would rather have Obama spend it on Energy Research than let McCain blow it up in I-rack. At least with Obama plan, America has a chance that reduced dependency on foreign oil may let US government divert the money currently spent on Foreign Oil in paying off debt, rather than pass it on to the future generation.
6) Obama has proposed a medical insurance to help veterans. McCains answer -' I know veterans. I will take care of them'. What kind of answer is that?
7) Obama's stated position is that American companies can bring in more skilled foreign workers as long as there is a need. We are of course concerned about his buddy Sen. Durbin's views which are diametrically opposite of Obama's stated position. On the other hand, McCain doesn't consider EB immigration to be important enough to have a position. In John McCains world - we simply don't exist!
I think it's a good effort by Chandu to educate EB immigrants on the political realities so that we get ready in the days to come to face any eventuality. Also it will aid those of us who get Green Cards in the mean time to make wise decisions while contributing to future election campaigns.
more...
unitednations
03-24 12:34 PM
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
That is one thing I have noticed of this divide between non consulting and consulting jobs.
Reality is that people either came on f-1 or they came on h-1 through staffing company.
Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.
Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.
Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.
I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.
People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.
One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.
The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
That is one thing I have noticed of this divide between non consulting and consulting jobs.
Reality is that people either came on f-1 or they came on h-1 through staffing company.
Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.
Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.
Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.
I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.
People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.
One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.
The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).
cinqsit
03-24 07:03 PM
When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
more...
Macaca
04-08 07:55 AM
Some paras from Big money creates a new capital city (http://blog.washingtonpost.com/citizen-k-street/chapters/conclusion/index.html?hpid=topnews), By Robert G. Kaiser.
The upward arc of his career also delineates the way money has altered Washington during the last three decades. Money has transformed American politics, the career choices available here and even the landscape of the nation's capital. Raising money has become a key to electoral success, while spending taxpayers' dollars has helped incumbents get reelected.
Cassidy helped change Washington by shaping the culture of congressional earmarks that became so important in the last dozen years. Earmarks directly transfer the government's money to particular institutions and interests. He and his original partner helped invent the idea of lobbying for earmarked appropriations -- an idea that made Cassidy rich and fed a system of interdependence between lobbyists and Congress that thrives today.
In a blog he launched this year on his company's Web site, which he used to respond to installments of this series, Cassidy offered a warning about the future of lobbying: "Our profession is at a critical point where we can either embrace the constructive changes and reforms by Congress or we can seek out loopholes and continue the slippery slide into history along side the ranks of snake oil salesmen."
The first lobbying firms were established in the mid-'70s, just when Cassidy left McGovern's select committee on nutrition to begin his lobbying career. As the reach of the federal government extended into more corners of American life, opportunities for lobbyists proliferated. "The issues have multiplied," as Cassidy put it. Over these three decades the amount of money spent on Washington lobbying increased from tens of millions to billions a year. The number of free-lance lobbyists offering services to paying clients has grown from scores to thousands. Cassidy was one of the first to become a millionaire by lobbying; he now has plenty of company.
The term "lobbyist" does not do full justice to the complex status of today's most successful practitioners, who can play the roles of influence peddlers, campaign contributors and fundraisers, political advisers, restaurateurs, benefactors of local cultural and charitable institutions, country gentlemen and more. They have helped make greater Washington one of the wealthiest regions in America.
During his time in Washington, Cassidy said in one of many interviews he gave for these articles that the United States has experienced "a huge redistribution of income, and you can't blame just the Republicans, because it has happened through Democratic presidencies, and through Democratic and Republican congresses."
So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty." Representation, of course, is Cassidy's line of work. It is as old as the republic, but only in Cassidy's time has lobbying become the biggest Washington industry.
This happened because lobbying works so well. Cassidy and his original partner, Kenneth Schlossberg, demonstrated its efficacy by devising ways to win earmarked appropriations from Congress for their clients, originally colleges, universities and medical centers. As Cassidy's clients began to win appropriations of $10 million, $15 million, $20 million and more in the 1980s, new lobbying firms emerged to compete with Cassidy. An increasing number of institutions and local governments looked for help to win earmarks of their own. The lobbying boom had begun.
Incumbent members of the House and Senate complain that they have to spend a third or more of their working hours raising money for their next elections. To help with this task, lobbyists have become campaign treasurers and fundraisers for members and have been responsible for scores of millions in political contributions.
Cassidy understands the low regard many Americans have for his profession but thinks it is unfair. "Lobbying is no more perfect than is the practice of law or the practice of medicine," he observed -- implying that it is no worse, either. He prides himself on his firm's "tradition of ethics and integrity," trumpeted on the firm's Web site. Since 1988, Cassidy's lawyers have given his employees annual ethics seminars.
The upward arc of his career also delineates the way money has altered Washington during the last three decades. Money has transformed American politics, the career choices available here and even the landscape of the nation's capital. Raising money has become a key to electoral success, while spending taxpayers' dollars has helped incumbents get reelected.
Cassidy helped change Washington by shaping the culture of congressional earmarks that became so important in the last dozen years. Earmarks directly transfer the government's money to particular institutions and interests. He and his original partner helped invent the idea of lobbying for earmarked appropriations -- an idea that made Cassidy rich and fed a system of interdependence between lobbyists and Congress that thrives today.
In a blog he launched this year on his company's Web site, which he used to respond to installments of this series, Cassidy offered a warning about the future of lobbying: "Our profession is at a critical point where we can either embrace the constructive changes and reforms by Congress or we can seek out loopholes and continue the slippery slide into history along side the ranks of snake oil salesmen."
The first lobbying firms were established in the mid-'70s, just when Cassidy left McGovern's select committee on nutrition to begin his lobbying career. As the reach of the federal government extended into more corners of American life, opportunities for lobbyists proliferated. "The issues have multiplied," as Cassidy put it. Over these three decades the amount of money spent on Washington lobbying increased from tens of millions to billions a year. The number of free-lance lobbyists offering services to paying clients has grown from scores to thousands. Cassidy was one of the first to become a millionaire by lobbying; he now has plenty of company.
The term "lobbyist" does not do full justice to the complex status of today's most successful practitioners, who can play the roles of influence peddlers, campaign contributors and fundraisers, political advisers, restaurateurs, benefactors of local cultural and charitable institutions, country gentlemen and more. They have helped make greater Washington one of the wealthiest regions in America.
During his time in Washington, Cassidy said in one of many interviews he gave for these articles that the United States has experienced "a huge redistribution of income, and you can't blame just the Republicans, because it has happened through Democratic presidencies, and through Democratic and Republican congresses."
So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty." Representation, of course, is Cassidy's line of work. It is as old as the republic, but only in Cassidy's time has lobbying become the biggest Washington industry.
This happened because lobbying works so well. Cassidy and his original partner, Kenneth Schlossberg, demonstrated its efficacy by devising ways to win earmarked appropriations from Congress for their clients, originally colleges, universities and medical centers. As Cassidy's clients began to win appropriations of $10 million, $15 million, $20 million and more in the 1980s, new lobbying firms emerged to compete with Cassidy. An increasing number of institutions and local governments looked for help to win earmarks of their own. The lobbying boom had begun.
Incumbent members of the House and Senate complain that they have to spend a third or more of their working hours raising money for their next elections. To help with this task, lobbyists have become campaign treasurers and fundraisers for members and have been responsible for scores of millions in political contributions.
Cassidy understands the low regard many Americans have for his profession but thinks it is unfair. "Lobbying is no more perfect than is the practice of law or the practice of medicine," he observed -- implying that it is no worse, either. He prides himself on his firm's "tradition of ethics and integrity," trumpeted on the firm's Web site. Since 1988, Cassidy's lawyers have given his employees annual ethics seminars.
2010 sayings tattoos. and sayings
pthoko
07-11 10:48 AM
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
more...
bigboy007
10-05 06:13 PM
But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.
Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.
Let us give Obama a chance and see what he does� We are already in deep shit and nothing worse can happen
Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.
Let us give Obama a chance and see what he does� We are already in deep shit and nothing worse can happen
hair 2010 and sayings for tattoos.
bajrangbali
06-07 05:46 PM
Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
more...
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.
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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copsmart
09-26 07:49 PM
I am a big supporter of Obama and I really want to see him as the next president, but this message about the EB issues are really shocking to me.
Obama as promised will cut outsourcing and create more jobs here in US, which in turn will create more demand in the job market.
Moreover, I strongly believe that Obama has mentioned the EB backlog issue in one of the debates. So, we can expect some good thinks from his government.
I am not sure how much the Durbin guy is going to influence in any of his decisions?
But in general, I think the country will be in a better shape if Obama is elected as a president.
Let�s hope for the best.
BTW, don�t you guys think the Left party support the EB immigration compared to Right? Zoe Lofgren for instance.
Obama as promised will cut outsourcing and create more jobs here in US, which in turn will create more demand in the job market.
Moreover, I strongly believe that Obama has mentioned the EB backlog issue in one of the debates. So, we can expect some good thinks from his government.
I am not sure how much the Durbin guy is going to influence in any of his decisions?
But in general, I think the country will be in a better shape if Obama is elected as a president.
Let�s hope for the best.
BTW, don�t you guys think the Left party support the EB immigration compared to Right? Zoe Lofgren for instance.
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alterego
08-10 09:08 PM
Let this be an example to all those who believe that trying to get Lou Dobbs to support any cause of Legal Immigration is smart, in fact it is actually foolish. He is simply against ALL IMMIGTATION completely, most of those comentators that attack illegal immigration are merely holding back their attack on ALL IMMIGRATION because that would be counterproductive to their cause with most fair minded americans.
Computer science graduates are in short supply in the US, this is a fact despite the outsourcing. Salaries for Computer science grads. are rising in the USA and the world over. Right now there is a deficit of about 100K graduates yearly in this area in the USA. The average Computer science grads can starts at a salary of over 60K whereas most college grads. in the US start at 40-50K annually. Computer science grads, also have easily better prospects to go on to higher salaries and better opportunities within 5 yrs.Yet Lou puts the programmers guild founder on his program to bash the H1b program................all while bashing outsourcing as the sin of sins.
Lets follow his argument for a minute, no outsourcing, no outsiders in the USA, few US students joining in Computer science, all with a 100K deficit of Computer science graduates annually. To his infantile brain of hillbilly economics that means higher salaries for native born american computer science graduates. Win Win for america right? No, more importantly it is catchy and does wonders for this ratings!
Actually in reality it means Japan, Taiwan, Singapore etc. will eat their lunch. What an idiot not to see that having gone to Harvard. Perhaps I should say genius braodcaster to see a niche and exploit it to perfection as if passionate about the cause.
Thank god most americans see past this shallow thought process.....phew. If they backed his point of view, I would then be more likely to WANT to leave. The fact that his point of view still does not find a massive following gives me great faith in this great country. That his show is not matching up with other networks is enough to make me just love this country for what it is, fair minded and based on the purest capitalistic views instead of following a protectionist rant. If I have to go through years of hardship so my progeny can flourish here, I consider it a worthwile sacrifice. Thanks Lou for proving this to me every day. Where would I be without the strength you provide to me daily!
Computer science graduates are in short supply in the US, this is a fact despite the outsourcing. Salaries for Computer science grads. are rising in the USA and the world over. Right now there is a deficit of about 100K graduates yearly in this area in the USA. The average Computer science grads can starts at a salary of over 60K whereas most college grads. in the US start at 40-50K annually. Computer science grads, also have easily better prospects to go on to higher salaries and better opportunities within 5 yrs.Yet Lou puts the programmers guild founder on his program to bash the H1b program................all while bashing outsourcing as the sin of sins.
Lets follow his argument for a minute, no outsourcing, no outsiders in the USA, few US students joining in Computer science, all with a 100K deficit of Computer science graduates annually. To his infantile brain of hillbilly economics that means higher salaries for native born american computer science graduates. Win Win for america right? No, more importantly it is catchy and does wonders for this ratings!
Actually in reality it means Japan, Taiwan, Singapore etc. will eat their lunch. What an idiot not to see that having gone to Harvard. Perhaps I should say genius braodcaster to see a niche and exploit it to perfection as if passionate about the cause.
Thank god most americans see past this shallow thought process.....phew. If they backed his point of view, I would then be more likely to WANT to leave. The fact that his point of view still does not find a massive following gives me great faith in this great country. That his show is not matching up with other networks is enough to make me just love this country for what it is, fair minded and based on the purest capitalistic views instead of following a protectionist rant. If I have to go through years of hardship so my progeny can flourish here, I consider it a worthwile sacrifice. Thanks Lou for proving this to me every day. Where would I be without the strength you provide to me daily!
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akela_topchi
01-09 06:16 PM
Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
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ssa
07-13 10:59 PM
I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
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number30
03-24 03:39 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
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bharol
01-06 11:26 PM
Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion.
There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!
Why would somebody not call them Islamic terrorists?
Now that does not mean all followers of Islam are Islamic-terrorists.
There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!
Why would somebody not call them Islamic terrorists?
Now that does not mean all followers of Islam are Islamic-terrorists.
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unitednations
08-02 10:51 PM
ouch. there is always uncertainty, all steps of this gc process :(
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
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unitednations
08-02 11:54 PM
AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
senthil1
09-26 09:29 AM
But still I watched that Obama was favoring increasing GC and H1b. Just he is opposite to outsourcing that too he may cut some tax benefits for the companies which are outsourcing. That will not have much impact on outsourcing.Basically two candidates are favoring high skilled immigrants. But everything is on the hands of congress.
I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.
Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.
A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.
Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.
A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
easygoer
01-06 06:35 PM
Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.
Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).
If you want to blame someone for Palestine plight today, blame these two actors.
The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).
If you want to blame someone for Palestine plight today, blame these two actors.
The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
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