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  • raysaikat
    07-13 11:23 AM
    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

    No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.

    The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.





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  • gimme_GC2006
    03-23 10:00 AM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer

    Immig : Where do you work and who is your client
    Me: Blah Blah

    Immig: When did you first came to US. Where is Port of entry..
    Me: blah blah

    Immig: Do you have all of your IT contracts details.
    Me: COntracts? Since they are property of my employer..I dont have.

    Immig: We need to see your contracts with the clients..
    Me: hmm...I can try but I dont know if I can get them

    Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
    Me: OK..I will try..

    Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
    Me: Ok..blah..blah email

    Immig: I need All phone numbers and all supervisors of all clients you worked with in US
    Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company

    Immig: Ok..done..I will send email..
    Me: thank you


    I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
    Nevertheles..does anyone know what this is all about?
    Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.

    Just curious :confused::confused:





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  • sanju
    04-07 11:55 AM
    Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.





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  • bobzibub
    12-27 11:06 PM
    Please don't advocate war.

    A human death is a human death. Whether the fig leaf of state or some extremist views are used, it matters not to the mother who loses her kids. Bombs from planes are no better than bombs on belts. They just get better press.

    When you are attacked it is natural to want to respond to those attacks. That stems from your ancestors (as mine) who lived in some tribe struggling for life with scarce resources. But we know the results of this primitive thinking: look to the Americans.

    The Americans after 9/11 had such a blood lust that they attacked an unrelated country, killed a million civilians and will probably cost the US $3T all told. Iraq was bombed to the stone age and they are now a mess, no matter what their implausibly hopeful government claims. All because Americans and their institutions collectively lost their facility for critical thought. Their great thinkers "rationalized" themselves into a stupid, illegal war. And their militarist politicians and their corporate pals profited from terrorism every bit as much as Bin Laden. (For that they can rot in hell. But a cell in the Hague first.)

    If India attacks Pakistan, which many here seem to advocate, it will kill many more innocent civilians on both sides. War is a blunt instrument and will not have the intended consequences. Let no one pretend otherwise.

    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.



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  • apt29
    07-29 03:36 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)


    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.





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  • Macaca
    08-14 11:27 AM
    Convention Party Favors Include Face Time (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081301067.html?hpid=topnews) By Jeffrey H. Birnbaum Washington Post Staff Writer, August 14, 2007

    Congress just completed ethics legislation designed to put distance between lawmakers and the interests that seek favors from them.

    But the people in charge of next summer's presidential nominating conventions are busy selling package deals that would put them closer together.

    The host committees of 2008's biggest political gatherings are soliciting corporations, wealthy individuals and others with a lot at stake in government decisions for seven-figure payments. In exchange, the givers receive all sorts of goodies, including access to lawmakers and other politicians. The more money the donors spend, the more access they get. Donors also garner valuable publicity for their businesses and the convention's locale, which has its own commercial payoff.

    Microsoft and AT&T, to name two, have been high-profile donors to the host committees of previous conventions.

    At the Republican convention in Minneapolis-St. Paul, donors of $5 million or more will receive (among many other things) a private dinner and a separate golf outing with the Republican leadership, according to a list of benefits distributed by the host committee.

    At the Democratic convention in Denver, a million-dollar contribution purchases invitations to a series of private events that feature Colorado's governor, Denver's mayor and members of the state's congressional delegation, among other special advantages.

    The host committees do not hide their cash-for-access offers; they flaunt them. "As a corporate sponsor, you will be invited to exclusive forums and special events where you will interact with our state's and the nation's government and business leaders," the Democratic solicitation states. "In financial terms, your sponsorship is an investment in the future."

    The host committees, which are run by local officials separate from the political parties, collect the tens of millions of dollars needed to put on the extravaganzas, which next year will take place for the Democrats in late August and for the Republicans in early September.

    Yet the marketing comes at a sensitive time. Congress just passed -- and President Bush is likely to sign into law soon -- a bill that aims to restrain the amount of influence lobbyists and their clients will have at the conventions.

    The legislation aims to stop lobbyists and lobbying groups from paying for lavish parties that honor the lawmakers and the congressional committees they are hired to influence most. Such parties, a staple of the previous conventions, have been criticized by government-reform groups as giving undue clout to interests that have lots of money.

    But the bill is silent about other kinds of parties and events, including those put on by the host committees. And those not only will continue but also appear likely to proliferate.

    Top givers to the GOP convention are invited to a private reception that will include Minnesota Gov. Tim Pawlenty, Sen. Norm Coleman and local mayors. They also will have the right to advertise in prime locations throughout the Twin Cities.

    The biggest contributors to the Democratic convention get invitations to all events sponsored by the host committee and special recognition in all host-committee publications.

    The nominating conventions, which are held in the late summer before presidential elections, have offered similar benefits packages before. Sponsors are the primary source for the money needed to put on these massive events, which bring together delegates from every state, a who's who of the nation's political establishment and journalists from around the world.

    Host committee representatives said they are promoting their cities and are seeking funds from corporations and others who want to make an impression locally and to a large national audience. Acting as a go-between for lawmakers and the interests that want to persuade them is a much more minor concern, they say.

    "We're not here to put on a bunch of parties to honor a bunch of individual members" of Congress, said Jeff Larson, interim chairman of the Minneapolis-St. Paul host committee. "We want to promote the quality of life we have here in Minnesota."

    "We're reaching out to a lot of constituencies, not just members of Congress," said Elbra Wedgeworth, president of the Denver host committee. "We are hoping to promote the Rocky Mountain west."

    Washington gadflies, however, see more calculation than that. Easy access to lawmakers and other senior Washington officials, they say, has long been a major attraction of these conventions and will remain so despite the recent legislation.

    "It's ironic given that the last thing Congress did before the August break is pass lobbying reform that included a provision limiting the parties that can be thrown at these conventions," said Melanie Sloan of Citizens for Responsibility and Ethics in Washington. "That would suggest that they didn't mean it, which will really come as a surprise to no one."



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  • ak27
    01-28 09:54 AM
    Lou Dobbs has found an audience who oppose any form of immigration. Lou picks and choose facts which support his point of view and no one at CNN is stopping him because his ratings have gone up with his rant...





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  • xlr8r
    04-09 08:50 AM
    sink/kill

    What is deep six??



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  • transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?





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  • NKR
    08-06 04:16 PM
    Don't know how you saw that :-)
    I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))

    ps: Might involve a serious gender change too!

    I thought you ported pascal's id :)



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  • dixie
    02-02 01:17 PM
    You seriously think Lou does not know that ? I would expect a former anchor of CNN Money to know the basics of US tax laws. Alas, he also knows the average americans who view his show are too lazy to do any research by themselves - all this is a deliberate misinformation campaign to make the middle class angry and believe immigrants are responsible for their perceived decline in standard of living. In the process his ratings are going through the roof, and of course CNN doesn't have a problem with that. What to expect from such a person ? We are lucky he is yet to blame immigrants for the mess in Iraq (he has even blamed them for the mess after hurricane katrina !!!!!).

    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems





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  • qasleuth
    03-24 02:55 PM
    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.

    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.



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  • mirage
    02-12 08:57 PM
    On the ground does it solve any purpose ? India remains as prone for more attacks as it was 2 months or 2 years ago...
    Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.


    http://news.bbc.co.uk/2/hi/south_asia/7886469.stm





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  • bfadlia
    01-06 12:57 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.

    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?



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  • insbaby
    03-25 07:05 AM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.

    35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.





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  • Macaca
    11-29 08:39 PM
    Trade groups question new lobbying law (http://thehill.com/leading-the-news/trade-groups-question-new-lobbying-law-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007

    Trade groups like the U.S. Chamber of Commerce say a new lobbying law could require the release of their member lists, violating freedom of association protections granted by the Constitution.

    The Chamber, the National Association of Manufacturers (NAM) and the American Society of Association Executives wrote Senate Secretary Nancy Erickson and House Clerk Lorraine Miller on Wednesday asking for clarification in how the new law will be applied.

    The potential problem relates to a section in the Honest Leadership and Open Government Act of 2007 that would impose new lobbying disclosure rules.

    The trade groups said Congress wrote the section of the law to shine light on so-called �stealth coalitions� that often use innocuous-sounding names to anonymously represent specific industries.

    But the imprecision of lobbying definitions in the law could mean disclosure requirements would fall on a variety of trade groups, the groups said in the letter.

    Groups that fail to accurately disclose their lobbying activities now will face criminal penalties, the letter also notes.

    �The price for being wrong is extremely high,� said Steven Law, senior vice president and chief legal officer for the Chamber.

    The letter was signed by Law; Jim Clarke, senior vice president of public policy for the American Society of Association Executives; and Jan Amundson, senior vice president and general counsel at NAM.

    The lobbying law, passed in response to scandals surrounding Jack Abramoff and ex-Rep. Randy �Duke� Cunningham (R-Calif.), would require disclosure of any organization or entity that �actively participates in the planning, supervision, or control� in lobbying activities and contributes more than $5,000 per quarter for those efforts.

    The �breadth and vagueness of the provision� require further clarification in how the new law will be applied, the letter stated.

    The groups noted Supreme Court rulings that they say prohibit the government from forcing groups to disclose their membership without a compelling government interest in doing so.

    �We take seriously the constitutional rights of our members to associate freely without government looking over our shoulders,� Law said.

    Brett Kappel, a campaign finance and government ethics lawyer, said Congress wrote the provision to target ad-hoc associations that are formed to lobby on a particular issue.

    �These typically spring up when there is legislation that would have a major economic impact on a small number of companies from a specific segment of the economy. That�s when they form the Coalition for Apple Pie and Motherhood and lobby against it,� said Kappel, who practices at the firm Vorys, Sater, Seymour and Pease.

    The new law �wasn�t designed to get at trade associations,� he said.

    Law said the lobbying law gives the clerk and the secretary broad powers in implementing the new requirements. He said he expected further guidance from those offices by Dec. 10.



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  • krishna
    02-21 12:57 PM
    I am pretty sure he has figured out that he will not last in Congress. Hence he has chosen the route of being a TV show host and wants to try and influence policy in washington thro' his rants. He is nothing but a grumpy old man who vents his frustration on immigrants through his rants on TV. It is always good to know how people like him think and can try to influence policy but we should tune him out because what he says is irrelevant.





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  • coopheal
    07-15 07:16 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.





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  • chanduv23
    02-15 10:58 AM
    As we are not voting public and voting public are against us, and employers do little for us, what is the basis in which we can influence politicians buy our cause?





    rockstart
    03-24 10:04 AM
    Dude ask your employer to mail it himself to USCIS. You are not asking these documents for your timepass these are requested by USCIS so forward this mail to him and ask him to respond any ways its his responsiblity to support this GC application since it is his company that is asking for green card.

    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:





    brad_sk2
    01-06 02:19 PM
    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?

    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs



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