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unitednations03-24 02:39 PMUN - why do you think USCIS allows

(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....

the list can go on

Why do you think people who are following law - not liked by USCIS?

I am not blaming USCIS or not poking at them or your interpretation.

I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

Right now USCIS is giving everyone a hard time.

I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

People really need to be careful right now.



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unitednations07-08 04:47 PMthanks UN..

we don't mean to bug you..!!

but sometimes these r so scary..it feels we r better off being illegal in this country..

all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

pls post..


Unlawful presence; overstaying i-94 card and not filing a timely extension before expiry of non immigrant status. Very serious issue; especially if someone overstays y more then six months.

Out of status; legally here (unexpired I-94 card) but not complying with terms and conditions of the I-94 card.

In both situations; everything is wiped out upon exit and re-entry. However; if someone has unlawful presence of more then six months then it is fatal if you leave as the 3 and 10 year bars apply to re-entry.



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ssa07-14 09:16 PMI'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

:)



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GCwaitforever05-31 06:01 PMLou is an arm-chair critic. I have nothing more to say.

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Berkeleybee05-17 01:31 PMMy only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?

Qualified_trash,

IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

best,
Berkeleybee



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Pineapple07-07 10:04 PMDo you have a good, competent lawyer you trust? That is the most important thing.
Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.

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bobzibub12-27 11:06 PMPlease don't advocate war.

A human death is a human death. Whether the fig leaf of state or some extremist views are used, it matters not to the mother who loses her kids. Bombs from planes are no better than bombs on belts. They just get better press.

When you are attacked it is natural to want to respond to those attacks. That stems from your ancestors (as mine) who lived in some tribe struggling for life with scarce resources. But we know the results of this primitive thinking: look to the Americans.

The Americans after 9/11 had such a blood lust that they attacked an unrelated country, killed a million civilians and will probably cost the US $3T all told. Iraq was bombed to the stone age and they are now a mess, no matter what their implausibly hopeful government claims. All because Americans and their institutions collectively lost their facility for critical thought. Their great thinkers "rationalized" themselves into a stupid, illegal war. And their militarist politicians and their corporate pals profited from terrorism every bit as much as Bin Laden. (For that they can rot in hell. But a cell in the Hague first.)

If India attacks Pakistan, which many here seem to advocate, it will kill many more innocent civilians on both sides. War is a blunt instrument and will not have the intended consequences. Let no one pretend otherwise.

If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.



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nojoke01-01 02:26 PMearlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

There are more problems to solve. But we don't need to tolerate another problem from pakistan. Do we need to wait to clean up our mess, while pakistan creates more mess in our country. No country is perfect. That is not a reason to allow another country to threaten and 'bleed by thousand cuts'. Even the most advanced countries(including USA) is not without corruption. But these counties do act when attacked. d

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pasupuleti06-21 06:50 PMhttp://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL



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Beemar12-27 03:25 PMPakistan is increasing behaving like a psychopath who is suicidal and homicidal at the same time. Terror attacks like Mumbai are really a desperate cry for help. You know, like, stop me or I will do this again! Stop me before I hurt myself!

It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..

The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.

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gc2826207-13 10:45 AMI 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

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.


Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

I read in some immigration forum that USCIS/DOS has switched between these at will in the past.



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sanju12-19 10:18 PMLooks like time to shutdown IV site..

I suggested long time back .. do not allow anyone to start the threads ..

Only allow users who are active contributors to IV budget.


Now this site is becoming like yahoo chats ...

God help Immigration community ...

EB3 is not moving ...EB2 dead stop ...


sriramkalyan,

I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

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new_horizon12-17 05:06 PMthe mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".



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vallabhu04-07 02:00 PMSituation definitely requires some action from Congress, H1B program was introduced to help

American Corporates so they can hire best resources from all over the world where Americans

are not available, American Corps started taking undue advantage by hiring even if Citizens

were available just because they are getting H1's for lesser price, and showed this

miserable path to desi companies who abused it further.

If the current situation (with out this bill by just adding more h1's) continues not only US

economy will suffer (The number of available right people for any job will be less as hey

would be working for some desi company making 20$ an hour) even H1 aspirants will start

suffering upon Arrival to US and also those who live here will suffer from immense

competition (Just because of the reason that every job posting will be flooded with 1000's

of resumes and only lucky ones get picked you may be best but your resume has to be picked

for an interview call), as the number of jobs are lesser than people coming.


Unlimited H1 may be a solution but it is not practical, If the numbers are available then

desi companies won't bother to file so many applications without actual job, it makes

situation better for new H1's coming to US they will have a job instead to joining a desi

company and sitting on bench for long time(after quitting their job in India)

Coming to this Bill, Even if it is so threatening they have some good points to bring curbs

on H1 Employers who bring them here without actual job, People who are destined to come to

us will come for a better life.

IF Durbin wants to help US he has to make bill which is practical and should address how up

clean up existing mess, This bill is not practical and will definitely face lot of

opposition.

Unfortunately politicians in any country have to take decisions based on how it is going to

gain their party and in terms of votes and later how is it good for the Country, they will

have lot of pressure from various other factors which we don't understand and they don't

understand us.

Their decisions are based on the data they have available with provided by few agencies whom

they trust and closely work with, If they are taking a wrong decision that means either they

don't have complete data or not properly educated. as we are getting affected It becomes our

responsibility to provide them complete data and educate them totally of the situation, so

they make a correct decision and address the issue, and to do that in US affectively we will

need millions of $'s.

For bill to be more practical it should address 500,000 people who are living here for past

several years and who's kids are US Citizens and also own homes. And also American Companies

who are utilizing skills of these people.



If 500,000 contribute 20 $ each we will have 10 Million and we can make ammendments the way

we want it to be.

If 10000 members contribute 100 $ each we will have 1 million which is not bad but this not

practical either.


My final Cut even if this kind bill passes or another bill with more h1's passes we will be

in same situation, the best for us could be this kind of bill with more practicality.

So with our limited resources we will have to do what we can and give all our efforts (Call

your senators) and leave the rest to god.


I tried to mobilize couple of my friends, they are like "No, take it easy this will not

happen" if this is the attitude guys remember you have something in your hands today and if

the bill passes in its current form even if you want to contribute 5000$ to stay in this

country you will not be able to do that as all of us would be packing to go back.

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gjoe08-06 07:50 AMWe will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.



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logiclife07-09 01:11 AMWell, we had a good debate on Radio on KPFK today.

I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.

Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.

Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.

Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.

Let me say this to Mike and the likes of Zazona.com

Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.

Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.

Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.

Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.

And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.

And now, let me mention a few slaves and their slave-masters that I am really proud of...

There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.

One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.

And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.

Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.

-Have a great weekend-

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bfadlia01-07 02:44 PMYou say romans converted egyptions to christianity. If it is true, romans follow catholic church. Coptic is Othodox christians, started during the period of apostole. Romans may ruled them, but every one is coptic. Not changed the religion by force. You contradit your statement.
Mohamed copy bible and make his own version and misled the people. It is like a cult. Like Mormon in USA. It is written in the bible. 'Those who change any word from the bible will be punished'. Mohamed's fate decided by God.

Buddy.. I'm not trying to argue with you.. just hope you get more information about what you are talking about.
1- Coptic tradition claims that St. Mark brought Christianity to Egypt around 50 CE. A small community of Christians developed in Alexandria in the late first century, and became more numerous by the end of the second century. Some similarities in beliefs helped Christianity to be accepted by Egyptians, including the beliefs that the Egyptian god Osiris was both human and god, the resurrection of Osiris, and the godly triad of Osiris, Isis, and Horus.
During the third and fourth centuries, the Romans persecuted various religious dissidents, especially Christians. The emperor Diocletian attempted to restructure and unify the Empire, and instigated some harsh reforms which led to rebellion among the Egyptians. Diocletian then began extensive persecutions of Christians, which was referred to by Copts as the Era of Martyrs. The year of Diocletian's accession (284 CE) was designated Year One in the Coptic Christian calendar in order to observe the tragedies. Christianity was threatening to the Roman Empire because its strong monotheistic belief "made it impossible for its serious adherents to acknowledge the Roman emperor as a deity" (Carroll 1988). Also, many important leadership positions in Egyptian society and the military were held by Christians.
2- According to Jews, god would never change the commandments of the old testament which jesus did.. so for them he was blasphemous.. you just shrug this off as a christian.. by the same token why do u think muslims would care what u think of Mohamed?
Speak for yourself and stop talking on behalf of god.



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GC_US_6412-26 04:29 PMKudlow and company are airing a debate on Lou Dobbs Goofy economics and skewed numbers at 5pm eastern time.



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Macaca03-06 09:02 PMForiegn Labor Certification (http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf) International Talent Helping meet Employer Demand | Performance Report: Mar 28 2005 - Sep 30 2006, Office of Foriegn Labor Certification, Employment and Training Administration, US Department of Labor
Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf), CRS Report for Congress, Updated January 23, 2007
H- 1B PROFESSIONALS AND WAGES: SETTING THE RECORD STRAIGHT (http://www.nfap.net/researchactivities/articles/NFAPPolicyBriefH1BProfessionalsAndWages0306.pdf), NATIONAL FOUNDATION FOR AMERICAN POLICY, March 2006
The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
From Brain Drain to Brain Circulation (http://people.ischool.berkeley.edu/~anno/Papers/scid-2005.pdf)Transnational Communities and Regional Upgrading in India and China By AnnaLee Saxenian
Brain Circulation: How High-Skill Immigration Makes Everyone Better Off (http://people.ischool.berkeley.edu/~anno/Papers/brain-circulation-brookings-review-2002.pdf) By AnnaLee Saxenian | THE BROOKINGS REVIEW
Winter 2002 Vol.20 No.1
The International Mobility of Entrepreneurs and Regional Upgrading in India and China (http://people.ischool.berkeley.edu/~anno/Papers/International_Mobility_of_Entrepreneurs.pdf) By AnnaLee Saxenian, September 7, 2007
Education, Entrepreneurship and Immigration (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_II.pdf): America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
America’s New Immigrant Entrepreneurs (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf) Part I
The new Argonauts (http://people.ischool.berkeley.edu/~anno/Papers/IMF_World_Bank_paper.pdf)


Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (http://www.dhs.gov/xoig/assets/katovrsght/OIG_06-22_Jan06.pdf), DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006



jkays9405-31 08:36 PMSome CNN folks move to Fox but I doubt whether Lou stands a chance.


Dobb's was once CNN's executive VP, he quit CNN and returned later....

Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from Moneyline to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Moneyline which later became Lou Dobbs Tonight. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and is a regular columnist in Money magazine, U.S. News & World Report, and the New York Daily News. [more] (http://en.wikipedia.org/wiki/Lou_Dobbs)



Marphad12-18 01:45 PMSign of very rare good pakistani journalism:

http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

Worth reading.