štvrtok, 30. júna 2011

The Voice

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  • bfadlia
    01-06 12:57 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?




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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    ...

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002




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  • unitednations
    08-02 11:55 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    very good information. I just hope it isn't too late for people to put in the correct information into the forms.

    I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

    Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

    I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.


    Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.




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  • yabadaba
    06-01 09:45 AM
    Sau Chuhe kha ke Billi Haj ko Chali

    roughly translated...after eating 100 mice the cat goes for a pilgrimage



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  • yrspassby
    08-06 03:14 PM
    According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting

    Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)

    It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)

    Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"




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  • pani_6
    07-13 01:27 PM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
    [I am going to include USICS Address and Fax's numbers also]

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    [with due respect ...How did the rules suddenly change to favour eb-2]..I am not against it..just want to know?

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.




    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    [could you suggest a solution..you know that legislation cannot work this year so what needs to be done??]

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.

    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.

    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]



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  • gcisadawg
    12-23 12:24 AM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!




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  • kumarc123
    09-26 09:20 AM
    Hello there,
    I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.

    But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.

    Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
    Thanks



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  • easygoer
    12-17 01:48 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.




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  • qasleuth
    03-31 10:29 PM
    did u mean to say 2007 or 2009 on your receipt and notice dates?


    sorry...:eek: 2007



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  • americandesi
    04-15 06:37 PM
    3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.



    It's definetly not worth it. Here's an artice on one such riches to rags story.

    http://www.cnn.com/2008/LIVING/personal/03/27/foodbank.family/

    As per the article "She has had to take extreme measures to pay for her interest-only mortgage of $2,500 a month"




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  • amoljak
    08-11 09:23 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:
    Hello,

    In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx

    The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.

    The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.

    It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence



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  • Macaca
    05-01 08:29 AM
    Lobbyists Who Bundle (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001506.html) -- Their fundraising for congressional candidates should be disclosed, Tuesday, May 1, 2007

    THE HOUSE Democratic leadership is to meet this week to determine the content of the lobbying reform package it says is one of its top priorities. The key test of the leadership's seriousness on this issue will be whether the proposal includes a provision to require lobbyists to disclose the bundles of cash they collect for lawmakers' campaigns.

    Such a requirement was contained in the Senate lobbying bill passed in January. The head of the House Democrats' campaign committee, Rep. Chris Van Hollen (Md.), sponsored a similar requirement last year and is pushing it again this time around -- despite the crimp it could put in his ability to raise money for his troops. But other influential House members are said to be balking, worried that merely requiring lobbyists to reveal the bundles could reduce the number and size of such donations.

    This is, of course, precisely why disclosure is essential. The influence that lobbyists wield can't be gauged by looking at their individual contributions. Their power comes in their capacity to deliver a stack of checks to grateful lawmakers. A lawmaker knows how much he or she is indebted to a lobbyist. So, you can be sure, does the lobbyist. The only ones in the dark are the public.

    This provision wouldn't ban bundling, just shine some sunlight on it. It wouldn't apply to all big fundraisers, just ones who make their livings lobbying the legislators for whom they're bringing in the bundles. House Democrats must keep this in mind: They're in power in large part because of the cozy, and in some cases corrupt, relationships their predecessors had with lobbyists. If they want to stay in power, they need to demonstrate that they are willing, finally, to do something about this.




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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)




    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.



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  • ita
    07-14 11:24 AM
    Wll support campaign for EB3 . Please let this happen.
    Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
    I'm sure not doing anything will be not be a right thing .
    I do agree we have to make noice. Let's work on how to make effective noise.
    My thoughts are running on Letter/Call campaigns.
    Don't know anything about what should be done effectively.Else I would be posting it here.
    But for sure I'll support initiative(s) for EB3-I.

    Thank you.




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  • insbaby
    03-25 06:56 AM
    Awesome piece of advice..I've got to meet ya!!

    Because you Can't Leave America.



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  • unitednations
    03-24 07:28 PM
    UN,

    I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.

    The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.

    US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.

    This is one of those things that people are going to agree to disagree.

    btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).




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  • akgind
    08-05 04:01 PM
    "...We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more."

    Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.

    Rollong_Flood, you are misleading the entire IV community.




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  • santb1975
    09-28 06:05 PM
    After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 10 years - LEGALLY. I came here for my Masters and I work as a Compliance Analyst in the Pharmaceutical Industry. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. I pay taxes and contribute to the American economy and I hope that I can settle down in this great country.

    I want the Democrats to win...but guess what - the failed CIR 2007 woke me up to the fact that Sen. Durbin will never make it easy for EB immigrants. His hostility towards this community is making me explore opportunities outside of the United States after spending 10 years in this great land. I have little bit more time to decide what I want to do but if things don't take a turn for the better on the Immigration front, I have made up my mind to pursue opportunities outside of the United States.

    Till date, I only see Durbin driving immigration - and it is definitely against the EB community. My question to Sen. Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???




    nogc_noproblem
    08-07 12:47 AM
    After his day's sightseeing, an American touring Spain stopped at a local restaurant.

    While sipping his wine, he noticed a sizzling, scrumptious looking platter being served at the next table. Not only did it look good, the smell was wonderful.

    He asked the waiter, "What is that you just served?"

    The waiter replied, " Ah senor, you have excellent taste! Those are bull's testicles from the bull fight this morning. A delicacy!"

    The American, though momentarily daunted when he learned the origin of the dish said, "What the hell, I'm on vacation! Bring me an order!"

    The waiter replied, "I am so sorry senor. There is only one serving a day since there is only one bull fight each morning. If you come early tomorrow and place your order, we will be sure to serve you this delicacy!"

    The next morning the American returned and placed his order. That evening he was served the one and only special delicacy of the day. After a few bites, and inspecting the contents of his platter, he called to the waiter and said, "These are much, much smaller than the ones I saw you serve yesterday!"

    The waiter promptly replied, "Si, senor!" Sometimes the bull wins!




    senthil1
    12-19 01:34 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.


    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades



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