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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

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  • BumbleBee
    03-24 02:41 PM
    Again, 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!

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job

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  • Dhundhun
    08-06 10:23 PM
    This is joke on myself on my H1B life:

    Creater God was busy in creation; there was very long queue for every species- humans, animals, birds, insets, etc. I was in queue of animals. Being slightly smarter, I jumped the queue and joined the queue of humans. God by mistake made me human. Soon He realized me jumping the line and cursed me as punishment to work on H1 Visa like animals.

    After sometimes He realized His mistake. It was His mistake to make me human, so He blessed – OK, one fine day, when you lived through your animal's life, you will get GC, afterwards you get back again human life.

    Still waiting for that fine day.

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  • akred
    04-06 08:51 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?


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  • pete
    04-09 11:33 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants". I think they ought to have some kind of licensing.
    Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.

    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.

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  • kshitijnt
    06-26 01:33 PM
    Dear IV Members, Kindly be respectful to others even if you do not agree with their opinion. I saw ValidIV was give a lot of negative reputation since he disagreed with views of many people. KIndly do not do so. The debate should be respectful with honorable disagreement.


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  • nogc_noproblem
    08-06 06:44 PM
    A man was sitting reading his papers when his wife hit him round the head with a frying pan.

    'What was that for?' the man asked.

    The wife replied 'That was for the piece of paper with the name Jenny on it that I found in your pants pocket'.

    The man then said 'When I was at the races last week Jenny was the name of the horse I bet on'

    The wife apologized and went on with the housework.

    Three days later the man is watching TV when his wife bashes him on the head with an even bigger frying pan, knocking him unconscious.

    Upon re-gaining consciousness the man asked why she had hit again. Wife replied. 'Your horse phoned'

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  • xyzgc
    12-31 12:55 PM
    For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

    Internal security needs great improvements but even there our administration is not taking many active steps.

    Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

    If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

    Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
    China has surpassed everyone, India has created a place but Pakis are far behind.
    But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.


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  • suavesandeep
    06-26 05:06 PM

    To be FAIR In your calculation should you not include the tax break you would get for buying a home. I know the interest is variable, You will be paying lot of interest in the early years. But maybe we can average say Total Interest Payment/30 = Average Interest paid per year. And use this figure to calculate the average tax break one should expect.

    For e.g. Lets say on an average you pay every year 24K in Interest payment for your Mortgage, You would get approx 8k back in tax credits (assuming 30% tax bracket).

    So shouldn't your left side be:
    (mortgage + property tax - All tax breaks)

    Also in areas like Bay area, Even with the above update formula (If you notice i did not even count maintenance).. I am not optimistic that this formula will ever work. So does that mean you can never buy a home in bay area :)..

    Or should you include some more variables here say if you live in NYC/Bay Area has a thumb rule its ok to pay X% extra compared to the average national trend line ?

    If only everybody in bay area used this formula before they bought their home :). Amen.

    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.

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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.


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  • Macaca
    01-28 09:01 AM
    Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.

    He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.

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  • alterego
    10-03 02:48 PM
    Fundamental decency and fairness demand that this issue be addressed by congress. When one comes to this country at the invitation of their employer, works hard, abides by all the laws, pays into the social safety net and taxes with not even a vote in the country, and with the implicit belief in the founding principles of this country as a country of immigrants. I feel it is truly against the core principles that strengthened this country.
    What am I to do after 11 yrs here, having invested my youth and my hopes in this country. Where am I to go, to start over. Why? What of the disruption to those whose job depends on my presence here?
    Only a right wing ideologue nativist can argue that those like us should not be given full acceptance in society. It is apparent to every observer that there is a xenophobic slant to their argument. If an argument is made against us, why not an argument by native Americans that their homeland was stolen. No number of generations of presence here could effectively address that. The irony is that the quality of life of indigenous americans has been enriched by the presence of immigrants. It is a part of the magic of America. It is a magic that no ideologue should be allowed to extinguish.
    I sincerely hope Barack Obama can reignite this threatened ideal in America. He has the awareness of the issues around it and the skills to do it, but will he? I don't know but I certainly hope so.


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  • unseenguy
    06-08 08:43 PM
    First print the damn thing of plastic and I will buy. Right now there are pretty hot deals in my area and I am tempted to buy, but wont.
    Due to my spouse's job, I dont get the 8K benefit. So screw, let them fall further.

    1) Economy is unstable.
    2) Job is unstable.
    3) H1 / 485 is unstable

    Only the wooden sturcture would be stable.

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  • riva2005
    04-12 01:14 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.

    Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.


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  • senthil1
    09-26 09:29 AM
    But still I watched that Obama was favoring increasing GC and H1b. Just he is opposite to outsourcing that too he may cut some tax benefits for the companies which are outsourcing. That will not have much impact on outsourcing.Basically two candidates are favoring high skilled immigrants. But everything is on the hands of congress.
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us

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  • waitnwatch
    08-05 03:18 PM
    If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!

    You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............


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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.

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  • chanduv23
    03-24 10:38 AM

    Looks like this thread is taking a different turn..

    to set the records..I was never been on bench, always paid, and never out of status..

    Also, I have sent all the docs to them

    and I dont think they are looking into case suspecting something..mine was a random pick transferred to NBC.. last year.

    And My case was almost approved last Aug2008..during the interview..but visa numbers were exhausted already for the fiscal year (remember.DOS bulleting said visa #s are there but in reality they were long gone..they only gave statement so in the Mid sep2008)..

    so..I think since it was lying there laying eggs, a different officer started looking into it all over it again..apparently, I assume earlier officer didnt put any note on it

    That seems right. The officer looking into your case might have changed and could not have immediate access to your case information and that's why he/she is asking everything from you and your employer.

    If this was the trend - then we would see a lot of people getting such queries.

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  • RaviG
    07-14 08:42 PM
    The way it is working for EB2, it is going to work exactly for EB3.

    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    04-15 09:56 PM
    The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.

    TX and NC didn't went up much during bubble so it should be fine to buy there.

    CA is really getting down.

    04-09 11:46 AM
    Yes you are correct. Employee has nothing to do with the Abuse. More over most of the employers have nothing to do with the abuse as well. Lawmakers must get their facts straight before imposing such foolish laws.

    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.

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