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  • mrajatish
    04-09 12:08 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





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  • riva2005
    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.





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  • Rolling_Flood
    08-05 09:45 PM
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!

    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes...

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB...

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead.

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...





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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.



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  • unitednations
    07-09 11:23 AM
    Hi Manu..

    can u pls clarify when u find some time..

    from what I understand and you posted, he changed employers from A to B to C.
    He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?

    but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..

    so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.

    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.





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  • unseenguy
    06-26 03:02 PM
    There is a myth with deduction:

    Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.

    However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.

    ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.

    If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.



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  • Refugee_New
    01-07 09:30 AM
    But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?

    Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?

    It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".

    Its because they are the one that occupies others land and murdering innocent civilians brutally under the guise of self defence.





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  • Rayyan
    01-07 05:58 PM
    ^^^^^



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  • CreatedToday
    01-07 07:11 PM
    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


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





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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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  • SunnySurya
    12-22 03:16 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some one is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call for justice to prosecute the attacker, in this case declaring Pakistan a terrorist country.



    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?





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  • inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)



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  • sledge_hammer
    12-17 03:31 PM
    I have given you a green...

    Someone gave me a red with a comment-- Shut up, a$$h0le

    This is what these people want. They do not want to talk about such topics as it is against their psedu secular nature.

    Please give me greens to reply to such people.





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  • Legal
    08-08 07:33 PM
    Sajan Chale Sasural : Computer professional coming to US.

    1942 a Love story : Sticking to one company for more than a year.

    Dil to Pagal Hai : Staying in India, dreaming of US.

    Sapnay : Green card.

    Sadma : Rejected H-1(B) Visa.

    Khalnayak : Bodyshoppers.

    Deewana Mastana : Project Manager - Team Leader.

    Beta : Home Phone bill exceeding $400pm.

    Rakhwala : Project Manager.

    Mr. Bechara : Computer professional in Singapore.

    Zanjeer : Company bond.

    Himmatwala : Breaking company bond.

    Tohfa : H-4 Visa for your Wife.

    Mawaali : Before coming to US.

    Raju Ban Gaya Gentleman : Once you are in US.:D

    Chaudhvin ka Chand : Assembly programmer.

    Sahib Bibi aur Ghulam : Client, your company and you.

    Shehanshah : Bill Gates.

    Admi Sadak Ka : Jumping from company to company.

    Dayawan : Company paying full salary in bench

    Anari : Year2000 programmer.

    Phool Aur Kaanten : Microsoft - IBM.

    Aaj Ka Gunda Raaj : Microsoft Monopoly in IT market.

    Maharaja : Doctors who came to US in 70's

    Hairaan : Non-Computer professionals on seeing computer professional's pay-check.
    Hum Aapke Hain Koun : Illegal Immigrants in US
    Aur Pyar Ho Gaya : After staying in US for a Year.
    Pardes : India after 2 Years.
    Daud : Coming to US.
    Rangeela : After getting Green Card.
    Bahaar Aane Tak : Time period between Green Card and Citizenship.
    Desh Premee : Going back to India for good
    Farz : Going to India every year.
    Pyaasa : Longing for a Visa.
    Agneepath : Going to Madras Consulate for getting a Visa.:p
    Jo Jeeta Wohi Sikandar : After coming from consulate with a Visa.
    Bud Naseeb : Not getting a Visa
    Himalaya Putra : Firmly asking for $70k from India
    Elan-E-Jung : Asking for increment
    Gupt : Agreement of Programmer with number of consultants
    . Zakmee : After getting rejected twice for a Visa.
    Swarg Se Sundar : on landing in US.
    Ab Kya Hoga? : Applied for Green Card too late.
    Jallad : INS People.
    Kranti : Increase H-1 quota.
    Main Khiladi Tu Anari : You and Immigration Officer.



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  • Macaca
    12-27 07:32 PM
    But they got no answers out of me�a total failure. Officer Xu, while asking me questions, kept kicking my legs. I said, "Be a little more civilized!"

    Then he said, "So what if I act like this, what can you do! In other matters I will actually still be afraid that someone might complain. But you here, you are an enemy. We can beat you and swear at you and if you complain, it will be useless even if you complain to the Ministry of Public Security!" I thought, this little police officer is younger than 30, how is he so well versed in the Maoist doctrine of the "contradiction between the enemy and us"?

    A tall plainclothes officer was getting impatient and said loudly to Officer Xu: "Why waste words on this sort of person? Let's beat him to death and dig a hole to bury him in and be done with it. How lucky we've got a place to put him away here." Turning to me, he said, "Think your family can find you if you're disappeared? Tell me, what difference would it make if you vanished from Beijing?" Later he whispered to Officer Xu, "Put him away in the hotel!" I could not hear clear what hotel he meant, but from the context I assumed he was referring to that "place to bury you."

    I knew they were not just joking, and I felt like a small ant that could be annihilated any moment without a trace. And yet I was not that scared. For one thing, I had already sent out a message on the Internet, and for another, they had by that time also taken my ID card out of my bag and realized that I was a teacher at the China University of Politics and Law.

    This special status was the reason why I was not beaten more severely, and why they did not "dig a hole to bury me." And it is true: I had disclosed this information to the police officers, albeit half-consciously, to avoid being beaten more severely. If it had not been for my status as a teacher at CUPL, a doctor with a degree from Peking University, a famous human rights lawyer, a visiting scholar at Yale, could I still have shown as much courage? I very much doubt it.

    I felt ashamed of my status and the differential treatment I was enjoying on account of them. I even felt that if the police didn't succeed in burying me they would vent their rage against some other disobedient person. Any pain that I was being spared was sure to be inflicted on another, more helpless victim at some point.

    How much terror, humiliation and despair do ordinary people suffer who get locked up in police stations, re-education through labour camps, investigation detention cells, custody and repatriation cells, and black jails in the face of a bunch of police officers who regard a person's life like a blade of grass and treat ordinary people as foes? Police officers across the country threatening to "beat you to death and dig a hole to bury you," how many people do they actually beat to death or beat until they are disabled?

    It was almost midnight when the Beijing Municipal Public Security Bureau sent round some officers who said they wanted to take me away. They returned my glasses, mobile phone and other things. I told them that I would only leave together with the friend who had been detained with me.

    After some more argument, they led me and Mr. Zhang to a car. Someone called my name, and I immediately recognized some netizens. I could not get out of the car but I shook hands with them through the window. Later I learned that many others had also rushed to the scene. An unknown number of netizen friends had expressed support on the Internet and passed on the news. Maybe that is the main reason why we were so quickly released.

    On the way back home, a Beijing state security officer complained to me, "If everybody fought with them using your methods, the police would have no way of continuing their work! How many fewer common thieves they'd be able to catch!"

    I replied, "If the law-enforcers don't act in accordance with the law, what use are they really to citizens? Police should catch thieves, but can those who 'beat you to death and dig a hole for you' still be called 'police'? If people are fighting each other using my methods, maybe fewer common thieves will be caught, but fewer citizens will be beaten to death in police stations. In which of these two situations are society's losses greater?"

    Mr. Teng is a professor of law at China University of Politics and Law


    The Challenges China Faces (http://asiasentinel.com/index.php?option=com_content&task=view&id=2892&Itemid=422) By John Berthelsen | Asia Sentinel
    China�s Attitude toward Hard Power and Soft Power (http://www.brookings.edu/opinions/2010/12_china_soft_power_jia.aspx) By Qingguo Jia | Peking University
    Computing set to bolster China's industrial prowess (http://search.japantimes.co.jp/cgi-bin/eo20101227a1.html) Sentaku Magazine





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  • bigboy007
    09-29 11:17 PM
    We can argue this for long and long ... some ppl say obama is good some ppl say McCain is good... Neither we have chance to determine who would be next. Please dont jump on me...

    But we can discuss on what we can do or have to do based on "IF" "Obama is elected president and as understandable Senator Durbin determines the rules of the game for EB Immigrants.." what are our options , what can we do overcome the crisis through IV , I think this is constructive discussion... and what direction would and will benefit all of us , I see this happening as nightmare.

    Some ppl might argue that its in hands of Congress and Senate... thats right who ever would have followed on CIR 2007 debate its understandable thats the basic rule. But if you see last year the reason bill was defeated was with narrow voting. There is a good chance these numbers might change due to elections new senators might come in. Also argument is there might not be much heat as elections are over , IF not we are all happy and if comes again we need to pursue this again as we did in 2007. But things might change we should be prepared to handle in the apt and best way we can for our best benefit.

    Taking in to other direction if McCain might win I dont see any -ve challenges if not positive. Lets change our direction from whoz best to what to do if such scenario arises ... there are lot of ppl from INdian origin in Obama campaign.. will they help...

    My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.



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  • dixie
    07-16 12:38 PM
    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    Exactly.Anti-H1B sites are only looking for propaganda material. You think they will start loving us if all body-shops are eliminated ? People like Norm matloff and programmers guild oppose all H1-B period.Whether it is from well known MNCs or your so-called "body shops". These are usually the same folks whining against outsourcing, free trade, the fact that everyone else is catching up .. about the world in general. Stop wasting time convincing these loosers.They are neither representative of the american public at large nor are the body shops representative of our community. If you think body shoppers are the only folks who hire H1-Bs, read about all the press articles in the "IV in the news" section and please let me know how many body-shop employees were mentioned there. We KNOW we make a contribution to this country; industry knows it too. We dont need to apologise to people like PG,lou dobbs and co for supposedly "eating their lunch".

    As for pushing for H1-B reform, there is absolutely no gaurantee there will be any accompaying GC reform. Remember AC21 ? it tripled the number of H1-Bs with no increase in GCs ... the result is the current mess. Why did it happen ? because there was no one pushing for GC reform.





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  • GCInThisLife
    07-19 02:40 PM
    UN,
    I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?

    Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.





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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819





    ArkBird
    01-09 05:05 PM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.


    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.





    s_r_e_e
    07-14 04:29 PM
    What would happen this time before it retrogress again is, some low hanging EB2s from 2005 end & 2006 will get GC while many 2002 & 2003 EB2 are still waiting. More frustration and even more stress with tracking , soft LUDs, Hard LUDs, info pass , uscis calls!! what a mess!



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