Monday, July 4, 2011

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

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

    Thanks in advance




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  • alisa
    12-27 02:47 AM
    Alisa,

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

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

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

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.




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  • alisa
    12-30 01:48 AM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.


    India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.


    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.




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



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  • DSJ
    05-16 12:14 PM
    You should see working them after banning consulting company or body shopping, they will be worst than consulting company. Everybody is here to make money no one will be spared.

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




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  • kawosa
    12-25 09:26 AM
    We suffer due to the unfairness of a system that hinges upon the place of your birth! We demand that there be no quotas based on "country of birth" and that we ask for equitable treatment.
    Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?
    I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.
    There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.
    All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
    So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.

    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.



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  • file485
    07-08 07:52 PM
    this is so so jittery...

    this is a post where they r actually checking the from and to date of the dependant's i94 out-of-status

    http://boards.immigrationportal.com/showthread.php?t=190778

    guys..who just posted before me...pls read the whole thread, her husband had already filed once for AOS and then they had asked for his W2's for which he dint have..they abandoned that AOS and now trying AOS thru the wife..so basically he is still in the records of INS..maybe he dint reply his RFE or god knows what database INS maintains..




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  • unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.



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  • Michael chertoff
    12-19 11:15 AM
    Moderator/Admin/Pappoo,

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.

    MC




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  • Dhundhun
    08-05 06:43 PM
    Friends

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

    Thanks



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  • maddipati1
    03-23 03:08 PM
    Did you send Seinfeld a royalty? :D
    -a

    cheers




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  • sanju_dba
    06-23 03:29 PM
    As of now Single Family Dwelling &Condos owned by corporate ( like banks , invest companies ) is 3.9%.



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  • paskal
    07-08 05:10 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!




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  • Macaca
    05-15 05:59 PM
    Why America Needs Immigrants (http://online.wsj.com/article/SB10001424052748703730804576313490871429216.html) By JONAH LEHRER | Wall Street Journal

    If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.

    During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.

    There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.

    Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.

    These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.

    Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.

    Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)

    These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.

    But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.

    People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.

    We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.


    Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
    Fewer takers for H-1B
    The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
    Business Standard Editorial
    President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
    Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
    The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations



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  • gcisadawg
    12-22 06:23 PM
    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

    Dude, if you havent heard about it, it is already happening.
    http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/

    One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.




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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?



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  • malaGCPahije
    07-14 09:53 AM
    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn’t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.

    I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.




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  • nojoke
    01-04 05:06 AM
    OK.
    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.

    Let me try. I still have one day more before I start working again.
    We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
    We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.




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  • gomirage
    06-07 01:05 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.

    So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.

    Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.

    This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.

    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.




    gapala
    06-23 10:28 PM
    Lot of folks talk about tax credit of 8000 in several threads, But, understand that a lot of us in this forum may not even get a dime in credit. There are income limits. Married and income above 170000 will get nothing.. nada. If the income is 165000, you will receive a mere 2000 and so on. Married with less than 150000 will receive 8000. For a single, the limit is 75K.

    If both husband and wife works in tech sector.. income will easily cross the limits and you will be considered too rich to buy a home and get credit... May be car credit might work for us as limits are higher... it only applies to sales tax charged on the first $49,500 of your purchase The income limit is high enough that nearly everyone will qualify. The credit starts to phase out at $125,000 for individuals and $250,000 for couples. Once you reach $135,000 and $260,000, respectively, you no longer qualify for car credit.




    sri
    04-07 09:15 AM
    Where is it mentioned that they will not renew the H-1Bs?


    Green card is for convenience � H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.



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