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pthoko07-10 10:07 PMHi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

Here's my situation(I think a case of status violation)


I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??

ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




Thanks.



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mbawa257401-09 12:35 PMIf a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

Go Israel Go !!!!!



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pitha04-08 11:57 AMGuys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.


Oh ok. Sorry, I was not sure about the message of your earlier post.

And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.



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xyzgc12-23 01:50 PMI am sure that once muslim community or for that matter any community prospers the radicalism reduces. Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.

About the terrorism was thinking what options does India have to fight against this. Yes military action definitely is an option but it does more harm to India than to Pakistan. Attacking Pakistan, India has a lot to loose while Pakistan has nothing loose. It would make Pakistan from a failing state to a failed state, but would put India years behind as far as economy is concerned and create the biggest headache for India for decades to come. A military confrontation and weakening of Pakistan’s military establishment would let Pakistan slip fully into the hands of Religious fanatics and produce million more terrorist who will be a long-term headache for India.

If one back goes back in the history, Pakistan has lost a lot more than India in the last three wars, and that is the only reason why the establishment in Pakistan including the Military has preferred encouraging and sponsoring cross border terrorism which is of very little cost to Pakistan but a constant headache to India. India has lost more from these terrorist attacks including Kargil war than they would if they had gone through a one time direct confrontation. I personally feel that if India does decide to go in for a military confrontation it has to be long term strategy to occupy the country and wipe out terrorism and help to nurture the economy so that prosperity and wealth creation takes a front seat and religion moves low in the peoples priority. In fact if Pakistan can ever have a strong economy and strong democracy, I am sure the country will move towards a moderate religious society. Lets face it, man is a very selfish being, it will never put its personal prosperity at stake for a larger cause even it that happens to be religion. An example of this is the Middle East Kingdom where the monarchs including the common folk is very possessive about personal wealth and will go to any extent to preserve it.

The only way this can ever happen is by a willing global coalition, which is ready to be there for a long haul and not by India alone. If India did do a quick military action and left the country, Pakistan would move to become another Afghanistan creating the biggest headache for India for decades and decades to come and effectively dragging Indian economy and prosperity.

Its sad that India let this headache linger on for so long, had it taken remedial action by taking control of complete kashmir and installing a pro Indian govt in 1971 we would not be confronting an nuclear dragon with very little option to fight it.

Very good post. The main intent behind terrorist acts is to disrupt the Indian economy.

Like some one has so consistently maintained - our leaders have committed several mistakes in the past.

1. Our leaders easily conceded to the demand for a separate country of Pakistan. This has only alienated Hindus and Muslims but has potentially put nuclear arsenal in the hands of the terrorists.

2. Ok, there was a separation but was the separation clean? The terrorists have just mixed in with the Mumbai crowd. Do they even need to leave Mumbai for Karachi? There are enemies internal and external. 154 millions muslims. Are they all terrorists? Absolutely not.
But even if there is 1% who have to do anything with terrorism - its trouble and lots of it.

3. When we had multiple chances to occupy the country, we backed off and retreated.Instead if we had marched all the way to Islamabad, taken out the military dictators and set the country on a path of democracy and economic progress - you would have Pakistani economy flourishing and not living off the IMF, the American and the Asian Bank's doles. We would have seen TCS, Wipro, Infosys, Satyam counterparts in Pakistan.Anything wrong with that? Its finally the same race and the people....

4. The congress party created vote banks by appeasing muslims. Instead of this kind of appeasement (very similar to appeasements to backward class), if we had created uniform laws, the entire community would havebeen absorbed into the mainstream. Instead, we are ourselves responsible for pampering and alienating them. Its the most unfortunate.

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gc2826203-24 03:03 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!

All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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navin200405-24 09:04 AMhttp://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories


This is an excerpt from the above article.

"Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."

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bugmenot09-27 07:05 PMThe immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

I doubt a democratic president would do any better.



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mrajatish07-08 10:35 AM1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.

The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

245(k) reads:

"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

(C) otherwise violated the terms and conditions of the alien's admission."

Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.

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USDream2Dust06-06 10:24 PMYourself? or people who already bought houses or are planniing to buy houses.

Anyway. No offense but there are choices in life.

1. Work for small company or big company.
2. Job or do business
3. Use AC21 or not
4. Do contracting or full time
5. Come to US or stay in your country.
6. Buy house before GC or not
7. Invest in stock vs Money Market
.
.
blah blah and blah

We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.

Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.


The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.

Any way. Good analysis.

Thanks,
USDream2Dust



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bhatt06-05 09:32 PMhttp://seattlebubble.com/blog/wp-content/uploads/2009/04/home-price-to-rent_2009-01.png

Althought this is just for seattle area, this trend is more or less the same nationwide.

According to this graph we need to wait out atleast one more year for the Rent - to- Price ratio to come down to the historical averages. But you get the Federal first -time home owner credit of $8000 (more in CA) only if you buy before the end of this year. So in my opinion, a good time to buy a house is in the month of december this year, if not the best time to buy. Now this is with an assumsion that mortgage rates don't rise substantially.

All the time is good time to buy home( there is no particular good time). It depends on which house you are buying at what price.
once the interest rates shoots up( which is happening now - 2 week back it was 4.5 , now it is 5.65 ) its price will come down.
If you don't have gc and a have a steady job get a condo or townhome instead of big house. Also you can get a FHA loan with 3% down payment ! . the interest rate will be .5% above the normal rate and no need of PMI.

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Macaca05-20 06:13 PMThe United States v Canada (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration) The Economist

AS A matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about "brain waste" and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn't just a liberal abstraction; 20% of Canadians are foreign-born.

It's well-known that Canada is an outlier among immigrant nations, but it is nonetheless interesting to consider in reference to the ongoing and heated debate about immigration in the United States. Why is Canadian public opinion so different from views in United States?

At a conference yesterday, Jeffrey Reitz, a sociologist at the University of Toronto, cited two big explanations for the difference. The first was that Canadians are convinced of the positive economic benefits of immigration�to the extent that towns under economic duress are especially keen to promote immigration, because they believe immigrants will create jobs. Even unemployed Canadians will stoutly insist that immigrants do not take work away from the native born. This makes sense, as most immigrants to Canada are authorised under a "points" system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees. They may have a higher unemployment rate than native-born workers, Mr Reitz said, and they benefit from programmes and services created specially for immigrants, such as language training. But the preponderance of evidence suggests that Canada's immigrants, being high-skilled, are net contributors.

Mr Reitz's second explanation was that Canadians see multiculturalism as an important component of national identity. In one public opinion poll, Mr Reitz said, multiculturalism was deemed less important than national health care but more important than the flag, the Mounties, and hockey. Irene Bloemraad, a sociologist at the University of California at Berkeley, picked up this theme. There wasn't such a thing as a purely Canadian passport, she said, until 1947. Canada was, psychosocially, very much a part of the British commonwealth until quite recently. When it came time to create a distinctively Canadian identity, the country included a large and vocal Francophone minority (as well as a considerable number of first peoples). The necessity of bilingualism contributed to a broader public commitment to multiculturalism, which persists today.

Other factors allow Canada to be more inviting. The country has little reason to worry about illegal immigration. Like the United States, it shares a long southern border with a country suffering from high levels of crime, unemployment and income inequality. But there aren't millions of Americans yearning to get into Canada. To put it another way, the United States's buffer zone from the eager masses is a shallow river. Canada's is the United States. That reduces unauthorised migration to Canada and eases public anxiety about it. Canada also has a smaller population and lower birth rate than the United States�it needs immigrants for population growth.

Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the United States and Canada. The United States supports pluralism and in some respect this leads to similar structures in the two countries. (Ms Bloemraad mentioned that both the United States and Canada have unusually robust legal protections against discrimination, for example.) But in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value.

Still, looking at Canada, we can extrapolate a few things for the United States. The first is that, as we've previously discussed here, the United States really should be more open to high-skilled immigrants. They're good for the economy, and an uptick in demonstrably uncontroversial immigrants might mitigate anxiety about the group as a whole. Another is that while there may be benefits to the tacit acceptance of undocumented immigration�the United States acquires an immigrant labour force without making any accommodations for the population�there are also foregone opportunities. One of these, compared to the Canadian approach, is in the United States's ability to foster integration through language training or other settlement programmes.


Losing (but Loving) the Green Card Lottery (http://www.nytimes.com/2011/05/20/opinion/20mounk.html) By YASCHA MOUNK | New York Times
We Need Sane Immigration Reform (http://online.wsj.com/article/SB10001424052748703509104576330110520111554.html) Letters | Wall Street Journal
U.S. to investigate Secure Communities deportation program (http://www.latimes.com/news/nationworld/nation/la-na-secure-communities-20110519,0,3087175.story) By Lee Romney | Los Angeles Times



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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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aadimanav07-13 11:45 PMActually Version 2 is the latest draft:
http://immigrationvoice.org/forum/showthread.php?p=262392#post262392

Excellent letter. - I support even I am EB2.

One should not point other category and ask for the right.



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Macaca07-08 09:04 AMI have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com.

Please post URL of this file. Thanks!

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dontcareanymore08-05 01:58 PMWhy, what is difference? Why was labor substitution bad. It was perfectly legal after all.

Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.



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dontcareanymore08-05 12:59 PMWhat i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

I hope i have made my point clear? Thanks.

And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.

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delax07-14 10:54 AMDelax,

please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.

I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.

You and other EB2 people dates are current. Enjoy your GC. Best of luck.

I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.

However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.

Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.

As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.



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unitednations07-08 05:49 PM.

These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

Chennai and california service center are pretty much standard in what they look for and request.

I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.



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nogc_noproblem08-28 10:09 PMPray for Wisdom:

A PRAYER Dear Lord,

I pray for Wisdom to understand my man;

Love to forgive him;

And Patience for his moods.

Because, Lord, if I pray for Strength,

I'll beat him to death.

AMEN



sin9403-24 12:17 PMface it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me



Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

If you are still so hard headed that you do not want to accept realities, what can I say!



alisa12-27 01:04 AMThere is no coherent state or government in Pakistan anymore, there are only personalities pulling the country in various directions. So let's only talk of personalities. My hunch (and that of the many world intelligence agencies too) is that Kayani did it! He was being pushed to a corner by Zardari, who was rapidly chipping away at his power at the behest of US. Apparently Zardari is wiling to give US a much freer hand in western Pak than Kayani. Kayani feared that Zardati may topple him and appoint another COAS. So he played this masterstroke. Zardari and Gillani were taken completely off guard by this hit.

You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.