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  • breddy2000
    03-31 10:02 PM
    I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    did u mean to say 2007 or 2009 on your receipt and notice dates?

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  • Macaca
    12-27 06:43 PM
    Climate change leaves Assam tea growers in hot water
    Rising temperatures reducing yields and altering distinctive flavour of India's most popular drink (
    By Amarjyoti Borah | The Guardian

    Climate change is affecting the cultivation of Assam tea, with rising temperatures reducing yields and altering the distinctive flavour of India's most popular drink, researchers say.

    High hills and abundant rainfall make the north-eastern state of Assam an ideal place to grow tea, with 850 gardens over 320,000 hectares (593,000 acres) producing the majority of the country's harvest. But in the last 60 years, rainfall has fallen by more than a fifth and minimum temperature has risen by a degree to 19.5C.

    "This is clearly climate change, and it is bound to have major impact on the tea industry," said Debakanta Handique, a climate scientist in Assam.

    The Tea Board of India said it had recorded a steady decline in tea production in recent years. In 2007, Assam produced 512,000 tonnes of tea. By 2008 this had declined to 487,000 tonnes, with estimated production in 2009 down again to 445,000. A further decrease is expected this year.

    Mridul Hazarika, director of Tocklai Tea Research, the oldest tea research station in the world, said rainfall and minimum temperature were two of the most important factors affecting both quality and quantity of harvests.

    "The decline has been taking place although there has been an increase in the area of tea cultivation as new gardens have come up, and many gardens have added new areas for tea plantation. This is an indication of the seriousness of the threat," said Hazarika. Efficient rainwater harvesting and new breeds of tea plants were needed to reverse the trend.

    "Changes have already been observed in the flavour, but it is not possible to blame only climate change for this," he said. "Other factors like the fertilisers used and cultivation methods might also be partly responsible."

    The changing taste of Assam tea is a serious concern for growers. Sudipta Nayan Goswami, an Assam-based planter, said subtle changes had already been observed: "The flavour has changed from what it was before. The creamy and strong flavour is no more."

    "There is a huge demand for Assam tea abroad, and this is due to its strong, bright flavour. The changes will sharply hamper the demand for this variety of tea abroad."

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  • mrajatish
    04-08 11:39 PM
    I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

    1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie will not be able to employ any foreign national any more?

    2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

    These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

    1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

    2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

    And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.

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  • Macaca
    05-25 08:17 PM
    Cleaning Up Congress ( The House gives lobbying reform a boost, but the battle is far from over, Friday, May 25, 2007

    IT WASN'T EASY, it wasn't pretty and the battle isn't over, but the House managed yesterday to pass a credible ethics bill that would require lobbyists to disclose the bundles of campaign checks they round up for lawmakers. The lopsided 382 to 37 vote belied the ferocious behind-the-scenes opposition to the bundling provision. Few lawmakers were willing to cast a public vote to oppose letting their constituents know what the lawmakers themselves are already keenly aware of: just how much they are indebted to which lobbyists. In private, however, many Democrats fought to prevent the vote. It was only the steadfastness of Speaker Nancy Pelosi (D-Calif.), Caucus Chairman Rahm Emanuel (D-Ill.) and Reps. Chris Van Hollen (D-Md.) and Martin T. Meehan (D-Mass.) that brought the measure to the floor. House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) served a key role in offsetting the opposition of some members of the Congressional Black Caucus.

    It's critical now that the bundling provision not be killed in the quiet of a conference committee. The Senate version of lobbying reform contains a slightly different bundling provision, which can easily be reconciled with the House measure.

    Other provisions of the bill approved by the House yesterday would provide for more frequent and detailed disclosure, including lobbyists' contributions to lawmakers' charities. To win support for the bundling amendment, reformers had to abandon their effort to double, from one year to two, the cooling-off period for lawmakers and staff who leave the Hill for lobbying jobs. The Senate-passed lobbying bill includes this effort to slow the revolving door. That, too, should be part of the final package. In addition, the work of the House will not be complete until a credible ethics process is in place, one that includes an independent office to assess and investigate allegations of unethical conduct. A Pelosi-appointed task force is expected to come up with a proposal soon. That will be the Democratic majority's next test.


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  • delax
    07-14 04:49 PM
    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse njustice to EB3.

    And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.

    The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.

    People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.

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  • bugmenot
    09-27 07:05 PM
    The 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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  • vrkgali
    08-12 09:57 AM
    Instructions: Just read the sentence straight through quickly without really thinking about it.

    Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.

    Amazing, isn't it?

    yse ,tahts hwo I awlays tyep in chat windwo s

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  • Refugee_New
    01-07 10:56 AM
    Satan (Lucipher) is trying to take people from god. He will not repend. He is taking more followers evry day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    This is what your so called peaceful religion preach? And you blame it on my religion?? How funny it is?

    No matter what you believe and where you belong, its your deed whether good or bad that will decide your destiny.


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  • senthil1
    05-16 11:40 AM
    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    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.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons. Anyhow it is my personal view and IV view is different. As a pro immigrant organization we cannot support any anti immigrant bill.

    oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?

    Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.

    Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.

    You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".

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  • niklshah
    07-14 08:49 AM
    send 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.

    guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....


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  • dealsnet
    09-27 02:26 PM
    I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
    I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.

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  • ssa
    06-25 03:41 PM
    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.


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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

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  • LostInGCProcess
    09-26 11:15 AM
    the universal health care would see us going the way of CA and europe with health care rationing, and long lines.

    My opinion on health care:
    I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.


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  • Macaca
    12-21 05:34 PM
    Polls Aside, Bush Ends Year With Victories ( By John D. McKinnon | Wall Street Journal, Dec 21, 2007

    WASHINGTON -- President Bush is ending the year with the approval of just one in three voters, according to the Wall Street Journal/NBC poll, but he is enjoying a string of legislative successes in Congress, on matters from Iraq-war funding and the federal budget to energy policy, tax increases and mortgage relief.

    Bush aides believe they benefited from overreaching by Democrats flush with their 2006 election victory. The White House began the year by laying out relatively modest goals on issues like energy and federal spending. They clung to those goals, even as some Republicans in Congress wavered. White House officials wagered that voters care about concrete results and ultimately would blame Congress, not the White House, if results failed to appear. That made their hard-line negotiating more effective as the year wore on.

    Democrats became more eager to reach accords on issues such as energy after the Thanksgiving break, administration officials said. Meanwhile, with each victory -- on war funding, on foreign- intelligence wiretapping and on the proposed expansion of a children's health-insurance program -- Republicans on Capitol Hill gained more confidence.

    "I leave the year feeling good about our capacity to get some important things done," Mr. Bush said yesterday at a news conference.

    Meeting with reporters this week, Speaker Nancy Pelosi said Democrats might have raised expectations too high in their attempts to cut off Iraq-war funding. Some top Democrats said they were surprised Mr. Bush refused to cave in and negotiate a deal on children's health.

    Democrats rejected comparisons with the Republican Congress of 1995, which famously overreached in its clashes with the Clinton administration. Democrats also dismissed the White House view that Mr. Bush's determination helped congressional Republicans regain their political footing.

    "Here's the problem: When people say they want a change, the reference point is from George Bush," said Rep. Rahm Emanuel, the House Democratic caucus chairman and a top party strategist. "And now the Republicans have decided to get closer in the photo [to] George Bush. I will pay their cab fare every day for them to go to the White House to do that. I'll rent the bus so the whole caucus can go."

    White House aides said they are developing contingency plans for next year, aimed at shoring up the economy, if necessary, and perhaps at sweetening voters' sour mood about their finances. The nature and extent of administration proposals depend in part on whether the economy weakens as some experts predict, but two possible prescriptions could include new health-care proposals and Mr. Bush's trademark tax cuts.

    The president said his administration will "consider all options" to stimulate the economy. He urged Wall Street banks to record all losses relating to the housing crisis immediately. To tighten wasteful government spending, he said his administration would consider options for overriding some congressional "earmarks."

    Democrats say many Republican successes resulted not from the popularity of their positions but from the high procedural barriers to passing legislation in the Senate. Majority Leader Harry Reid's office this week sent out a list of 62 procedural votes that Republicans had forced in the Senate, contending it is a record.

    Democrats say they enacted five of their six major initiatives, including raising the minimum wage; passing energy legislation; enacting recommendations of the 9/11 commission; helping make college costs more affordable; and opening up stem-cell research. Mr. Bush vetoed the stem-cell bill, but the rest became law.

    While Democrats made big concessions on their spending totals, they say they realigned priorities within those limits. They also say the children's health issue will haunt the White House in the summer when states start to run out of money. And Ms. Pelosi said Democrats would be "relentless" next year in seeking to hold the administration accountable on Iraq.

    Sentiment Aside, Bush Scores Wins ( By John D. McKinnon | WSJ Blog, December 21, 2007

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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.


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  • ssa
    06-23 04:53 PM
    Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.

    First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.

    Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.

    Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.

    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....

    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !

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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

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

    If you would like to read about related case, refer to this pdf vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

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


    US Permanent Resident since 2002

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  • gcdreamer05
    08-05 05:04 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"

    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p

    03-27 03:23 PM
    ok..My docs have been received by AO.

    Here is the email I got back today

    Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.

    I hope everything goes smooth...still waiting :o

    03-24 02:42 PM

    Don't get me wrong, I feel you!

    But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.

    We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.

    Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!

    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

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