вторник, 5 июля 2011 г.

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  • pani_6
    07-13 01:17 PM
    Guys I am getting the impression that EB-3- I did not act on IV action items..that's not true we have been actively involved in IV action items and have been contributing...




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  • yabadaba
    02-22 08:46 AM
    Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.

    Its time we start referring to him as Communist Lou Dobbs because all he spits out is the communist agenda. People cant make more money, corporations cant make money and everything that doesn't fit into his philosophy is war on the middle class.

    and this is the middle class that is spending money like crazy...buying 5000$ television sets and huge SUVs on leases. In the end of course u will not have money if u spend like this. Communist Lou Dobb's philosophy is that there is no personal accountability. Everything that is wrong with people's lives is because of immigrants and corporations. People go berserk with their spending and that comes back to bite them in the bum. then if they are laid off, which happens in every economy across the world, they cannot support their spending habits and all this blame is allotted to corporations and immigrants.

    Of course he will have a large viewership...its people who don't want to be accountable that flock to his show and feel happy when they have someone else to blame for their reckless lives.




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  • file485
    07-09 12:02 PM
    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.


    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..




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  • lfwf
    08-05 02:37 PM
    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.



    I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?

    I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.

    So let me come to the point, question for OP. Are you against all porting? Or only against porting based on lack of qualifications for an EB2 job originally- then porting 5 years later based on the additional experience alone?

    BTW I resent the insinuation that 1% of EB2s are genuine. The same can be said of many many EB3s- remember the qualifications required are much lower.
    I also resent the idea that all US Masters folks are just "rich kids". Most people work through the degree and/or take loans. Please don't start making needless statements. If you had a masters originally and your job qualified as EB2 but your company refused- I feel for you, I really do. There should be a solution to your problem. That does not mean that those who did get EB2 were all suddenly not "genuine".

    Also I want to clarify something- this is purely objective now. Yes GC is for a "future job" but folks are over reaching with some of the arguments. In order to get an EB2 (or EB3) for this "future job- you either have to show current employment with the sponsor OR show the job offer qualifying for that category at the time you apply. The "future job" cannot be a nebulous idea that you make concrete at a later time.



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  • pete
    04-09 11:29 AM
    Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

    You can say it whichever way you like. Isnt everybody looking for selfish gains?
    A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......

    There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:

    WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.

    Unlike we want H1B abuse to continue AND ALSO GC reform.




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  • xyzgc
    12-17 04:33 PM
    I'm going to give green to all the good folks on IV.



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  • BMS
    07-10 02:19 PM
    After going through this post
    I checked my I 94 last entered in 2006 it has different number than other I 94
    I am working with only one company since 2004
    They wrote company name src number correct on I 94
    but number is not same as the one on I 797 bottom totally different

    should i get it corrected ? How




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  • nogc_noproblem
    08-26 08:54 PM
    Recent Quips form Late Night

    "Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno

    "Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien

    "But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman

    "Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno

    "John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien

    "Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno



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  • chintu25
    08-06 09:28 AM
    COULD NOT RESIST THIS IS A FUNNY ONE FROM INDIA

    There are hindi words used ......

    Laloo Prasad sent his Bio Data - to apply for a post in Microsoft Corporation, USA.
    A few days later he got this reply:

    Dear Mr. Laloo Prasad,
    You do not meet our requirements. Please do not send any further correspondence. No phone call shall be entertained.
    Thanks
    Bill Gates.

    Laloo Prasad jumped with joy on receiving this reply.
    He arranged a press conference :
    "Bhaiyon aur Behno, aap ko jaan kar khushi hogee ki hum ko Amereeca mein naukri mil gayee hai."
    Everyone was delighted.
    Laloo prasad continued...... "Ab hum aap sab ko apnaa appointment Letter padkar sunaongaa ? par letter angreeze main hai - isliyen saath-saath Hindi main translate bhee karoonga.

    Dear Mr. Laloo Prasad ----- Pyare Laloo prasad bhaiyya
    You do not meet ----- aap to miltay hee naheen ho
    our requirement ----- humko to zaroorat hai
    Please do not send any furthur correspondance ----- ab Letter vetter bhejne ka kaouno zaroorat nahee.
    No phone call ----- phoonwa ka bhee zaroorat nahee hai
    shall be entertained ----- bahut khaatir kee jayegi.
    Thanks ----- aapkaa bahut bahut dhanyavad.
    Bill Gates. ---- Tohar Bilva.




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  • pd_recapturing
    08-05 08:29 AM
    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)



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  • mhathi
    09-26 10:01 AM
    Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.

    "Improve Our Immigration System

    Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "

    I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.




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  • senthil1
    04-07 11:35 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem


    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.



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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.




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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.


    ______________________________
    Not a legal advice.



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  • alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.



    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.




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  • Madhuri
    09-30 02:19 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.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.



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  • GCScrewed
    07-13 09:27 PM
    I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.

    And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.

    Between an MBA and Pharmacist, of course the pharmacist is more valuable. So is a nurse.




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  • file485
    07-08 09:24 AM
    Please post URL of this file. Thanks!

    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf




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  • DallasBlue
    07-08 12:00 AM
    I guess a good CPA can be lot of help as well. if your husband doesnt have paystubbs and w2 company/CPA's can actually go back and correct them for mistakes/miscalculations.




    SunnySurya
    12-22 03:43 PM
    With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.

    I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.

    On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.



    I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.

    Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
    Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!

    There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.

    Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
    Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!




    QuietFlowsTheDon
    04-15 06:42 PM
    if you are in DFW metroplex it is a good time to buy.
    prices are holding up in most suburbs. interest rates are pretty good right now.
    when you look at the inflation rates, interest rate could probably go up.
    so if you have been thinking about owning a home for some time, i would say this is the best time in the last couple of years.



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