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panky7208-06 03:17 PMA stranger was seated next to a little girl on the airplane when the stranger turned to her and said, 'Let's talk. I've heard that flights go quicker if you strike up a conversation with your fellow passenger.'

The little girl, who had just opened her book, closed it slowly and said to the stranger, 'What would you like to talk about?'

'Oh, I don't know,' said the stranger. 'How about nuclear power?' and he smiles.

'OK, ' she said. 'That could be an interesting topic. But let me ask you a question first. A horse, a cow, and a deer all eat the same stuff - grass - . Yet a deer excretes little pellets, while a cow turns out a flat patty, and a horse produces clumps of dried grass. Why do you suppose that is?'

The stranger, visibly surprised by the little girl's intelligence, thinks about it and says, 'Hmmm, I have no idea.'

To which the little girl replies, 'Do you really feel qualified to discuss nuclear power when you don't know S-H-I-T?:D



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sledge_hammer03-24 02:17 PMAgain, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.

Just hope that USCIS will buy your story!

sledge_hammer,

Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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nogc_noproblem08-05 12:49 PMI was recently riding with a friend of mine.
We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

He replied, "You never know, my brother could be coming the other way."



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willgetgc200508-11 01:36 PMYADABA,

CAn you please send me the link where you found that CNN has applied for H1B. I would like to write in to Lou (which i think is useless.
He is a rabid man).

But more importatanly, I want to write to soemone else in CNN.
I want to ask this.


If CNN is so anti H1, I believe its progrmas reflect what it stands for, then why does it file for H1?





Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox

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Macaca12-16 09:22 PMDemocrats Assess Hill Damage, Leadership (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/16/AR2007121600306.html) By CHARLES BABINGTON | Associated Press, December 16, 2007

WASHINGTON -- Congressional Democrats will have plenty to ponder during the Christmas-New Year recess. For instance, why did things go so badly this fall, and how well did their leaders serve them?

Partisan players will quarrel for months, but objective analysts say the debate must start here: An embattled president made extraordinary use of his veto power and he was backed by GOP lawmakers who may have put their political fortunes at risk.

Also, a new Democratic leadership team overestimated the impact of the Iraq war and the 2006 elections, learning too late they had no tools to force Bush and his allies to compromise on bitterly contested issues.

Both parties seem convinced that voters will reward them 11 months from now. And they agree that Congress' gridlock and frustration are likely to continue until then _ and possibly beyond _ unless the narrow party margins in the House and Senate change appreciably.

In a string of setbacks last week, Democratic leaders in Congress yielded to Bush and his GOP allies on Iraqi war funding, tax and health policies, energy policy and spending decisions affecting billions of dollars throughout the government.

The concessions stunned many House and Senate Democrats, who saw the 2006 elections as a mandate to redirect the war and Bush's domestic priorities. Instead, they found his goals unchanged and his clout barely diminished.

Facing a Democratic-run Congress after six years of GOP control, Bush repeatedly turned to actual or threatened vetoes, which can be overridden only by highly elusive two-thirds majority votes in both congressional chambers.

Bush's reliance on veto threats was so remarkable that "it's hard to say there are precedents for it," said Steve Hess, a George Washington University government professor whose federal experience began in the Eisenhower administration.

Previous presidents used veto threats more sparingly, Hess said, partly because they hoped to coax later concessions from an opposition-run Congress. But with the demise of major Bush initiatives such as revamping Social Security and immigration laws, Hess said, "you've got a president who doesn't want anything" in his final year.

Bush's scorched-earth strategy may prove riskier for Republicans who backed him, Hess said. Signs point to likely Democratic victories in the presidential and many congressional races next year, he said.

That is the keen hope of Congress' Democratic leaders, House Speaker Nancy Pelosi of California and Senate Majority Leader Harry Reid of Nevada. They have admitted that Bush's intransigence on the war surprised them, as did the unbroken loyalty shown to him by most House and Senate Republicans.

Empowered by Bush's veto threats, Republican lawmakers rejected Democratic efforts to wind down the war, impose taxes on the wealthy to offset middle-class tax cuts, roll back tax breaks on oil companies to help promote renewable energy and conservation, and greatly expand federal health care for children.

Pelosi on Friday cited "reckless opposition from the president and Republicans in Congress" in defending her party's modest achievements.

Americans remain mostly against the war, though increasingly pleased with recent reductions in violence and casualties, an AP-Ipsos poll showed earlier this month. While a steady six in 10 have long said the 2003 invasion was a mistake, the public is now about evenly split over whether the U.S. is making progress in Iraq.

Opposition to the war is especially strong among the Democratic Party's liberal base. Some lawmakers say Pelosi and Reid should have told those liberal activists to accept more modest changes in Iraq, tax policies and spending, in the name of political reality.

"They never learned to accept the art of the possible," said Sen. Trent Lott, R-Miss., a former majority leader who is partisan but willing to work with Democrats. "They kept going right up to the limit and exceeding it, making it possible for us to defeat them, over and over again," Lott said in an interview.

He cited the Democrats' failed efforts to add billions of dollars to the State Children's Health Insurance Program, which Bush vetoed twice because of the proposed scope and cost. A somewhat smaller increase was possible, Lott said, but Democrats refused to negotiate with moderate Republicans until it was too late.

"They thought, 'We're going to win on the politics, we'll stick it to Bush,'" Lott said. "That's not the way things happen around here."

Some Democrats say House GOP leaders would have killed any bid to forge a veto-proof margin on the children's health bill. But others say the effort was clumsily handled in the House, where key Democrats at first ignored, and later selectively engaged, rank-and-file Republicans whose support they needed.

Some Washington veterans say Democrats, especially in the ostentatiously polite Senate, must fight more viciously if they hope to turn public opinion against GOP obstruction tactics. With Democrats holding or controlling 51 of the 100 seats, Republicans repeatedly thwart their initiatives by threatening filibusters, which require 60 votes to overcome.

Democrats should force Republicans into all-day and all-night sessions for a week or two, said Norm Ornstein, a congressional scholar for the right-of-center think tank American Enterprise Institute. The tactic wouldn't change senators' votes, he said, but it might build public awareness and resentment of GOP obstructionists in a way that a one-night talkfest cannot.

To date, Reid has resisted such ideas, which would anger and inconvenience some Democratic senators as well as Republicans.



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SunnySurya08-05 03:41 PMGood one, I missed reading this. This put an end to the debate...You got some green dots from me...
Incorrect. Read for yourself.


Sec. 204.5 Petitions for employment-based immigrants.

...

...

(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


____________________________
US Permanent Resident since 2002

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hopefulgc08-06 11:13 PMAbe.. lets call it "manhole".

coz these days the environment is no better than that :D:D:D

Mohol --> :D



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Madhuri09-30 01:40 PMI love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

I am here legally in this country from Sept 2000.
Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

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wellwisher0203-29 08:49 AMcorrect.

Hello,

PMI premium payments are now tax deductible. This is effective Dec 2007. I remember reading an article on this. (I do not pay PMI and therefore do not keep a tab on this. However you may wanna check up on what I say.)



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nogc_noproblem08-08 02:42 PMIf you enjoyed reading that one, you might like this one too.

Mother-in-law: When you rearrange the letters: Woman Hitler


This is hilarious! :)

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gcisadawg01-03 02:20 AMMy dad was a never govt employee but I'm sad that Govt folks were so much underpaid!

When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.



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nogc_noproblem08-05 02:15 PMA married couple in their early 60s were out celebrating their 35th wedding anniversary ...

... in a quiet, romantic little restaurant. Suddenly, a tiny yet beautiful fairy appeared on their table and said, "For being such an exemplary married couple and for being faithful to each other for all this time, I will grant you each a wish."

"Ooh, I want to travel around the world with my darling husband" said the wife.

The fairy moved her magic stick and... abracadabra!.... two tickets for the new Queen Mary2 luxury liner appeared in her hands.

Now it was the husband's turn.

He thought for a moment and said: "Well this is all very romantic, but an opportunity like this only occurs once in a lifetime, so I'm sorry my love, but my wish is to have a wife 30 years younger than me".

The wife and the fairy were deeply disappointed, but a wish is a wish...

So the fairy made a circle with her magic stick and .... abracadabra! ....the husband became 92 years old.

The moral of this story: Men might be ungrateful idiots... But fairies are....female!

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rockstart07-14 09:24 AMA guy who filed his labor in say 2001 and it took 3 years for that labor to approve should he complain that after PERM guys got labor approved in 2-3 months and in some cased even before him. Should we complain USCIS / DOL for improving the system? Guys just because your Lawyers asked you to file EB3 does not make things right. Why did you agree on EB3? if you were so convinced that you qualified for EB2 you could have taken the matters to your boss and upper management in your company? If you did not get juistice then you could have quit that company and joined another organization that was ready to recognize your talents? All phani_6 wants is a cake and eat it too. This is not possible dude this letter in its present draft is a laughing stock. Make it factually correct and this will make entire IV community support it regarless of Eb2 or Eb3.



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willigetagc08-05 08:40 AMThe said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.

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dpp05-17 10:03 AMI am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.



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GCapplicant07-14 09:28 AMsend the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

Who are you?from where did you fall all of a sudden?-your comments are silly-

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unitednations03-26 02:52 PMWhere is this ace technology, and I wonder if it's a small firm...

it wasn't a small firm.



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Refugee_New01-06 03:02 PMIsrael is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.

Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.

Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

Don't you think?



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mpadapa08-05 10:39 AMRolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

Senior Programmer (say Bachelor's with 5 yrs exp)

Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.

Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. 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.

I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

Thanks.



thatwillbeit10-03 12:36 PMExcellent post dtekkedil

You reiterate exactly what I have in my mind



unitednations03-26 05:51 PMDoes this mean that H1B is also location specific?

There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.