Saturday, July 2, 2011

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  • chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.




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  • siravi
    09-30 05:41 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.


    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.

    Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.




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  • mariner5555
    04-06 06:55 AM
    Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.

    Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.
    land cannot be manufactured but look around. US has a massive excess of land compared to its population. what you say about India is correct(to some degree but there are local bubbles out there too)..US will never have that ratio of people / land. especially you don't know what the trend is going to be with the baby boomers ..will they sell their houses and live in mexico ..you never know (so cannot predict). price of land will go up over long long term (due to inflation) but in the short term it is DOWN DOWN and DOWN. if one can wait for a year then they should wait ..and if you do a analysis of costs ..renting is not throwing off yr money ..you get a place to stay (a place which has mobility, less maintenance etc). Especially if you are in banking or related sectors ..just wait ..u don't know who will collapse next.
    btw for central NJ (not familiar with that area) ..the price projection in next 5 years is still down.
    http://money.cnn.com/magazines/fortune/price_rent_ratios/
    here is another point from earlier post
    ------------
    Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.

    For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids.
    -----------




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  • waitnwatch
    08-05 03:11 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.



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  • Rolling_Flood
    08-05 08:39 AM
    What do you mean "i am eligible for EB2"?????

    A JOB is what decides EB1/2/3, not your imagined eligibility !!

    If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.

    Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........


    Get Lost 'Rolling_Flood' - you dont understand anything, that's why you started a post like this.

    I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )

    What's wrong you see in my intentions ? Whats wrong you see in the law ?




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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]



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  • ZeroComplexity
    08-05 03:07 PM
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.




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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.



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  • tanu_75
    07-28 03:09 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.




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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.



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  • nojoke
    04-21 03:43 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.

    The Dallas Morning News. �The housing downturn is hitting almost every neighborhood in the Dallas area. Even affluent close-in residential areas that had previously avoided declines, including the Park Cities and North Dallas, are seeing falling prices and significant drops in home sales.�

    �And sales of high-end homes no matter where they are � until recently a bright spot � are sliding, too. Economists and other experts blame a large inventory of recently built speculative homes, higher interest rates for large mortgages and sellers who have not lowered unrealistically high prices.�

    ��We are definitely seeing a deterioration in sales across price ranges,� said D�Ann Petersen, business economist with the Federal Reserve Bank of Dallas. �The high end did hold up quite well until recently.��

    �Preowned home sales dropped 25 percent in the Park Cities. And prices were down 1 percent from a year ago � the first such decline in more than five years, according to North Texas Real Estate Information Systems.�

    �In North Dallas, sales in the first quarter were down a staggering 40 percent. Prices were also off by 1 percent from a year ago. Median home sales prices dropped by 4 percent in Far North Dallas, and sales in that area fell by 26 percent.�

    �Sales prices fell in almost two dozen of the 46 residential districts The Dallas Morning News tracks each quarter.�

    �Even the most blue chip neighborhoods are having some problems. �I talked with a leading appraiser who said he was working on 16 or 17 foreclosures in Preston Hollow � they were all builders,� said longtime Dallas residential agent David Nichols. He said there are �plenty of buyers out there,� but with so much to look at, they are taking longer to decide on a house.�

    �Sales of $1 million-plus homes fell by 19 percent in the first quarter in North Texas. The sharp decline follows several years of double-digit gains at the top of the local market. Sales of homes priced between $600,000 and $1 million fell by between 20 and 38 percent in the first three months of 2008 compared with the same period last year.�

    ��People who have a lot of money and are looking to buy the very expensive properties aren�t stupid with their money � they don�t like paying the higher cost and may be waiting for the market to respond,� Mr. Gaines said.�

    �Veteran Dallas appraiser D.W. Skelton isn�t surprised to hear that the first-quarter preowned home sales statistics look a bit bleak. �We�ve seen it for a while,� he said. �The numbers are not as optimistic as some would lead you to believe.��

    ��Most of it is the result of builders running up values in some neighborhoods and now they have come down,� Mr. Skelton said. �It�s more a problem of price point � no matter what the location. They need to come off those prices. Their expectations were unrealistic because our market was so robust for so long.��

    �All the publicity about so-called rescue plans to help troubled homeowners isn�t having an impact so far on Dallas-Fort Worth foreclosures. The number of homes facing foreclosure in the area next month is up almost 40 percent from a year ago.�


    �Mr. Roddy said the number of D-FW foreclosure postings is the second-highest on record. �Back in February, we were over 5,000,� he said. �But the percentage gain this year is unbelievable when you consider that last year was unbelievable.��

    �Almost 43,000 homes were posted for foreclosure here in 2007 � a record and up 10 percent from 2006. The number of home foreclosure postings has risen by 24 percent from the first five months of 2007.�

    �He said he doesn�t expect to see much change in home foreclosures over the next 18 to 24 months.�




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  • truthinspector
    01-07 06:55 PM
    HAMAS fired 20 rockets into Israel as soon as the 3-hr humanitarian truce was over .
    Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.


    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.



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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck




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  • singhsa3
    08-05 09:46 AM
    I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!



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  • deba
    08-31 02:48 PM
    This is hilarious........

    http://odeo.com/episodes/7076453

    Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.




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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...



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  • NKR
    04-14 03:37 PM
    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.


    It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.


    Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

    Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.




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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • texcan
    08-06 04:35 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"

    This reminds me of ....priority porting circus....

    Eb2 & Eb3 guys are moving about in a Green ...
    looking for a quick check out line ........
    ....
    ....
    Eb2 says says mine is "quick, fast, exciting..." whats you line looks like....

    Eb3 says... "never mind lets look for yours "
    ---------------------------------------------------------------
    Lion and Monkey joke extensions have been killing me here...
    i swear, i never had so much fun on this site...ever. Great work..lets keep them coming.




    gc28262
    12-19 10:31 PM
    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

    Sanju,

    Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.

    So I agree with sriramkalyan, threads such as these should be closed.




    CreatedToday
    01-06 05:12 PM
    If CNN is pro-Israel why would they stop it, instead Israel should take them in.

    Recently during Diwali celebration, one boy ....

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    ............the same time encouraging other side to kill more and more.



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