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  • unitednations
    03-26 03:24 PM

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?


    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.

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  • xyzgc
    01-04 01:46 PM
    Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.

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  • JunRN
    06-05 10:25 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.


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  • unitednations
    07-09 01:03 PM
    UN..after I read your story.. r so gutsy.. must appreciate you..!!

    Just follow the law. There are lots of protections in it for us.

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  • anilsal
    11-11 11:53 PM
    Totally right. Whenever anybody mentions immigration anywhere (be it in your neighborhood, streets, bus/train stations or your companies), just find out what the person understands about the immigration issue. The person will surely talk about illegal imm/amnesty.

    That is when you educate the person about legal immigration.

    There will be people like Lou, Joe Scarxxx etc who will muddle up our whole existence by associating our immigration with the ones from the southern borders.

    We have no comments on illegal immigration/amnesty.


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  • dpp
    05-17 10:03 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

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

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  • Macaca
    12-26 08:37 AM
    Freshmen Padding Their Independence (http:// Procedural Votes Become Safe Nays By Paul Kane | Washington Post, Dec 26, 2007

    Half a dozen freshman Democrats took to the House floor one late-October morning to cast their lot with Republicans.

    Their actions went unpunished by the Democratic leadership that day, as they have on many other occasions in recent weeks. The symbolic gesture -- casting nay votes on approving the House Journal, essentially the minutes of the previous day -- would have no bearing on the leadership's agenda.

    While they overwhelmingly support that agenda, the bloc of freshmen has begun casting votes against such minor procedural motions in an effort, Democratic sources and Republican critics say, to demonstrate their independence from their leadership. The number of votes that the potentially vulnerable newcomers to Capitol Hill cast against House leaders is tallied and watched closely by interest groups and political foes.

    Such is the political life of many of the 42 freshman House Democrats, a sizable number of them moderates and conservatives who must straddle the fence between supporting their party's interests and distancing themselves from a mostly liberal leadership as they gear up for their first reelection battle next fall.

    House Speaker Nancy Pelosi (D-Calif.) and other members of the party's leadership are happy to tolerate the independence on procedural matters. Less than three hours after opposing the late-October journal vote, the same six freshmen sided with Pelosi as Democrats tried, and failed, to override President Bush's veto of a bill to expand the State Children's Health Insurance Program by $35 billion over five years, legislation that Pelosi has called her "crown jewel."

    "I'm viewed as an independent. I'm viewed as a conservative Democrat," said Rep. Jason Altmire (Pa.), the first freshman to regularly oppose his party's leadership on the journal vote.

    Like several others, Altmire offered no explanation for voting against all but one of 18 roll calls on the routine measure, adding that he had no "pre-planned" rationale for the votes. "I'm certainly not going to win or lose my reelection based on my journal votes," he said.

    But the first reelection campaign in his conservative-leaning western Pennsylvania district could be a tough one. Bush won there by a comfortable nine percentage points in 2004. Districts such as Altmire's fueled the Democratic takeover of the House last year. They are blue-collar in attitude and red-hued in politics, particularly on issues such as abortion and gun rights.

    Dubbed the "majority makers" by Pelosi's leadership team, the freshmen have become a major front in the Democrats' battle to sustain and expand their majority next fall.

    Stuart Rothenberg, an independent analyst and author of the Rothenberg Political Report, said Republican hopes for shrinking the Democratic majority begin with what he calls "snapback candidates," who rode into office under the last election cycle's optimal conditions for Democrats and now face their first reelection contests.

    Protecting the 42 freshman Democrats, the largest partisan class since 73 Republicans took office in 1994, has been the top priority for key Democratic strategists such as Rep. Rahm Emanuel (Ill.). The freshmen get special treatment from leaders, including a weekly meeting with Pelosi and Majority Leader Steny H. Hoyer (Md.). And they receive frequent advice on how to vote from Emanuel and Rep. Chris Van Hollen (Md.), chairman of the Democratic Congressional Campaign Committee.

    Seven of the rookies have more than $1 million in cash on hand, and according to Rothenberg, more than half are in safe positions to win reelection. In addition, the Democratic Congressional Campaign Committee holds a more than 11-to-1 cash advantage over its Republican counterpart, a potential financial backstop for endangered freshmen.

    But the political environment has turned toxic in recent months as Democrats have been stymied in their effort to take Congress in their self-proclaimed new direction. Opinion polls show public approval ratings for Congress mired in the 20s, considerably lower than Bush's rating.

    In recent months, Democrats in battleground districts have been criticized by Republicans, who have tried to paint them as close to the new House leadership.

    "While these Democrats might claim to be independent voices for their districts, the differences between them and Nancy Pelosi are purely aesthetic," said Ken Spain, spokesman for the National Republican Congressional Committee. This year, the GOP committee launched a Web site to track the percentage of votes that 28 of the freshmen cast with Pelosi, whom Republicans say will be a polarizing figure in conservative districts next fall.

    That is why procedural votes are important to freshmen, according to Democratic aides. House Republicans this year turned to a procedure known as a "motion to recommit," offering what is typically a routine method of sending bills back to committee as politically charged amendments. With a wink and a nod from Emanuel and Hoyer, some endangered freshmen frequently vote with Republicans on tricky GOP motions to keep their votes from being used against them in 30-second campaign sound bites.

    Some freshman Democrats have taken the idea of voting against their party leadership on procedural votes one step further, opposing mundane matters such as the journal vote.

    Altmire has sided with the opposition in 17 of 18 journal roll calls this year. Rep. Joe Donnelly (D-Ind.) has cast 15 votes with the GOP. In the spring, only a few freshmen voted against the journal, but one recent vote drew 13 freshmen in opposition, and in another, 11 voted nay. Now a half-dozen or more regularly oppose whenever a roll call is held.

    Democratic leaders acknowledge that they have encouraged the freshmen to sometimes vote with Republicans on politically difficult issues, but deny that they have had any input on the Congressional Record votes.

    "We've given them very simple advice: Make sure you vote your district," Van Hollen said.

    As a result, Rep. Heath Shuler (D-N.C.), for example, has one of the lowest party-unity voting scores -- less than 84 percent -- of any House Democrat, according to's congressional database. The average House Democrat has voted with the majority on 92.5 percent of all votes.

    "They're trying to create separation. Our guys did it in '95 and '96," said Rep. Thomas M. Davis III (R-Va.), a member of the GOP class of 1994.

    At the time, freshman Republicans saw congressional popularity plummet during a budget fight that led to a series of federal government shutdowns. Fearful of being tied closely to then-Speaker Newt Gingrich (R-Ga.), many freshmen also began voting no on the journal in a similar effort to distance themselves.


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  • jonty_11
    07-09 01:49 PM
    Just follow the law. There are lots of protections in it for us.
    Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)

    The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.

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  • newuser
    04-10 12:59 PM
    E-mailed around 30 firms about the new law to reduce the H1B visas.


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  • SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

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  • unitednations
    08-08 04:33 PM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.


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  • zshakyaz
    03-31 10:46 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?

    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about


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  • nojoke
    04-14 03:47 PM
    Again, it may not be applicable to ur situation.

    in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
    Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.

    now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.

    If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .

    Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.

    Location..Location.. most important thing.
    worst hit market are ohio,michigan because Big 3 automakers are suffereing.

    more you stay in house ..7 , 10 or 15 years. Your equity build faster.

    Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.

    but again if i have to sell now ..then i am sure i will loose money because it will not sell.

    Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.

    My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.

    Media is the one who created the hype & and also they are paritally responsible for downturn.

    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.


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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees

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  • yagw
    08-08 12:41 AM
    Wonderful thread... keep it flowing folks... :)

    here are some yogi's quotes:

    "This is like deja vu all over again."

    "You can observe a lot just by watching."

    "You've got to be very careful if you don't know where you're going, because you might not get there."

    "If you don't know where you are going, you will wind up somewhere else."

    "You better cut the pizza in four pieces because I'm not hungry enough to eat six."

    "Baseball is 90% mental -- the other half is physical."

    "If you come to a fork in the road, take it."

    "I made a wrong mistake."

    "Nobody goes there anymore; it's too crowded."

    and now the best one...

    "I didn't really say everything I said."


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  • gapala
    12-17 04:47 PM
    Nobody in good conscience support terrorism, no Indian, no Pakistani. I have many good friends from Pakistan and I do support Pakistan in its strive towards better and peaceful future. Does that make me a terrorist ?

    Don't bring ISMs into the conversation. You started this post to trash specific community and you are getting there. Stop being a A-hole and get a life.

    It feels good to read your posts but my friend, you are far off from reality. The folks who hijacked that religion and perverted belief that entire planet earth should be under sharia is the problem. I am not saying that all apples are bad.

    Do you know what is happening in UK and other parts of Europe? Go search in google videos There are several investigative reports from main stream media are posted out there to educate people like you.

    Now, you may choose to ignore the threat to humanity but that does not mean its not real.

    I too have good friends from different parts of world but they themself believe that its a dangerous world. Ask your friends that you quoted in your post, they will tell you.

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  • desi3933
    08-05 09:14 AM

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **

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  • unseenguy
    06-26 06:04 PM
    A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
    1. Time Value of money (Wiki Link (
    2. Cash Flow (Wiki Link (
    3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (
    4. Leverage (Wiki Link (

    I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.

    A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.

    So surprise of surprises - there is no "right answer"!!

    That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.

    Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.

    The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)

    Best of luck guys.

    Hi Puddon head :

    Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.

    For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.

    I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)

    You can use six sigma approach also :) ;) (just kidding on this last one).

    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face 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

    08-05 03:41 PM
    Good one, I missed reading this. This put an end to the debate...You got some green dots from me...
    Incorrect. Read for yourself.

    Sec. 204.5 Petitions for employment-based immigrants.



    (e) Retention of section 203(b)(1) ( , (2) ( , or (3) ( priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) ( or 205 ( of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

    US Permanent Resident since 2002

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