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  • sanju
    05-17 10:08 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???





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  • nk2006
    09-30 02:54 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I dont think there were any provisions in 2007 CIR that curtail job movement using AC21 for greencard holders. I think we are over-analyzing this - that Sen.Durbin is against lot of H1B provisions is evident. Also he may not be in favor of visa-recapture for EB immigrants - but I dont think he will single handedly drive immigration rules and make the life of all EB immigrants tough. He may have some support in changing the rules in H1B - but I dont think even he is not that negative regarding GC aspects - even if he is, may not get widespread support for it in congress.

    Also Obama has shown his governing style (from the campaign, debate etc) - which is very level headed based on a bunch of things and discussions rather than following "one" ideological path blindly. If at all I think his administration will be more favorable to EB GC reform and somewhat unfavorable H1B reform (and completely pro-undocumented reform just like McCain). This is based on my interpretation of his immigration policies on his site and based on his general campaign.





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  • GCOP
    07-13 09:36 AM
    Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.





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  • NKR
    09-30 02:26 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.



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  • Michael chertoff
    12-19 11:15 AM
    Moderator/Admin/Pappoo,

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.

    MC





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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.



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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.


    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.





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  • Refugee_New
    01-06 12:45 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?



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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.





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  • vikramark
    10-06 11:45 AM
    Hello Guys,

    I am a bit confused, I always thought or heard (John Kerry, last Presidential debate) Democratic (Most of them) candidates pro to legal immigrants who have been here from last 5-7 yrs, regularly paying taxes and have not broken any law, there can be few exceptions but over all above democratic strategy have been to support immigrants who meet above three criteria.

    What am I missing?

    Thanks



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  • GCnightmare
    08-02 11:24 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot





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  • logiclife
    04-12 04:54 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    There are thousands of real estate agents who charge 3% commission for sale of homes. Buyer's agent gets 3% and seller's agent gets 3%. It takes a total of 6% in commissions of real estate agents when you sell your house.

    Of those 3% commission that each agents get, the pass on 1% to the agency. Like if a Remax or century 21 agent gets $3000 in commission, he/she has to give $1000 to the agency and keep $2000.

    SO going by that principle, "kickbacks" as you would call it, would not be legal? Right?

    Everywhere, a portion of revenue, if the employee generates revenue for the employer goes to employer. That's how employer keeps his lights on and feeds his/her family.

    Now there are some who exploit this to their advantage. And that should be fixed. One way to fix it is to limit certain holds and loosen the grip of employers on the greencards petition of employees. Completely destroying the consulting business is not the answer to that as this bill tries to do.

    If you are working "Like a dog" then you should get paid overtime for anything beyond 40 hours. Its a part of negotiation and its your responsibility to negotiate that with your employer before joining the project.



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  • leoindiano
    03-25 11:31 AM
    Winner, You truly are with this comment....

    On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....





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  • desi3933
    08-06 09:11 AM
    ....
    ....
    ....
    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Someone (Rolling_Stone is that you?) gave me red dot with this remark
    yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE

    Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
    BTW you are a coward who does not guts to reply with your ID.

    Yes, I agree, getting thru JEE is good but it is no big deal.

    Rolling_Stone -
    Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D

    You are a real CKD (if you are an IITian then you should know what it means).



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  • ufo2002
    05-24 01:30 PM
    Well.. I am usually a thread killer in many forums... lets see if this works:

    TTIWOP!





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  • gc28262
    06-07 02:58 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.



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  • xyzgc
    12-27 12:25 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.

    But surely you are well-aware that they have done it in the past and now its all back firing!
    The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
    That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.





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  • chanduv23
    04-12 04:43 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    Can you clarify what you mean by "splitting salary with employer" and what does that have to cheating the system?





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  • SunnySurya
    12-22 10:17 PM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.

    Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.

    Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down

    I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.





    smisachu
    01-04 02:55 PM
    I am a reserve in the territorial Army. I have family members serving in the army (18th grenadiers, Rajputana rifles & the Jat regiment). I am tired of my countrymen getting slaughtered and India bleeding slowly due to terrorism and I want India to attack the terrorist manufacturing organizations in Pakistan and end this problem once and for all. So we could concentrate on growth and economy. Till this problem is solved we are held back from development. If you can read the article in Barrons this week. They are suggesting investors to stay away from India based on Valuation and problems due to terrorism. Do you know what this will do? Investors will keep withdrawing from Indian markets. Sensex will keep falling even to the 5K level and beyond. So not solving the problem of terrorism will affect India's economy.
    What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.

    So you see everything's connected.


    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.





    h1techSlave
    12-26 01:38 PM
    A full fledged war between India and Pakistan is very very unlikely.