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  • gcmaze
    07-16 01:56 PM
    signed





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  • abhijitrajan
    07-14 09:49 PM
    I just put forth my thoughts. Statements should be put under quotes only when quoted verbatim. Of course you follow your own judgement. Good luck and thanks for your effort against this character.



    Abhijit, Thank you for your suggestions. If you watch the Utube video, Rep Tancredo clearly said that H1-B visa holders overstay their visas. As far as the "glass house" goes I can't change the petition even if it has one signature. I wrote this to create maximum impact and we can only hope that it does.
    Below is link to the Lou Dobbs' episode.

    http://www.youtube.com/watch?v=fi_c9ep9uKI





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  • satishku_2000
    09-12 01:43 PM
    I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA

    40k+ in 2006
    35k+ in 2005
    33k+ in 2004

    EB-3 PD 2001
    Filed I-140 & I-485 on May 5,2007


    The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.

    If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.

    Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.

    Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.

    Just curious if your case is a labor substution case?





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  • chicago60607
    09-17 12:20 PM
    SO many amendments to HR6020, King is as usual the lead of amendments



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  • Marcy Wilkinson



  • eb3_nepa
    02-05 04:43 PM
    thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.

    Our main goal to solve the retrogression problem.

    Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)

    Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.

    Lastly I did not mean we contact Human rights activists for the same.





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  • getgreensoon1
    04-19 11:26 AM
    Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!

    Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.



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  • I think that#39;s what they said



  • vikram2101
    08-22 03:24 PM
    Most immigrants apply for citizenship in developed countries for the sheer luxury of visa free travel to most countries and to bring their spouse/families closer to them without any immigration hassles. It has got nothing to do with renouncing all the ties with their home countries.

    I know a friend who recently became a Canadian citizen and he said that he was murmuring a Hindi film song when the Canadian national anthem was played during the oath ceremony. The only reason he immigrated to Canada was to get a Canadian passport so that he can work in US and travel around the world without visa hassles.

    I also have a friend who�s a US citizen and he was able to get his newly wed wife into US in 3 months. He visits India regularly to take care of his property investments, watches cricket/desi movies, loves eating food at the road side eateries and by all means he�s still an Indian at heart.

    Citizenship is like getting an unlimited credit our existing credit card (GC). The more the limit the more flexibility we get. So let�s avoid bringing patriotic fervor into such posts.

    I like your response, really -- I think it's frank and hits upon what it means to be Indian at heart.

    BUT, when one makes a decision to immigrate - he/she's not just making that decision for himself - but also for his/her spawns and the future generations to come. Is it fair for us to rob them of (well, i know most american born desi kids don't care a rats ass about going/being in India) - what it feels to be an Indian at Heart? what it 'Really' feels like to be watching/talking cricket/movies on 'em gullies, what it's like to be eating gaadi chaat, what a festival should really feel/look like .. and a bunch of other stuff- -that happens only in India.

    not trying to discount anyone's opinions .. it's just the internal dilemma that needs addressing





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  • mpadapa
    05-23 03:28 PM
    Calling does help in many ways. People have to think positive rather than berating an effort.

    Based on the original post, I infer that lawmakers won't care if they receive calls from LEGAL Aliens. If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. But one of lawmakers duty is to build the next generation America, and "immigration" bills benefit next generation America. People got to understand this fundamental difference and stop being pessimistic about IV efforts.

    Directly talking to lawmakers office (through phone or in person) is far more effective than Web faxes and digital signatures.

    I just cannot understand how high-skilled folks can be so short sighted, Look at the big picture.

    Agree with original post.

    Numbers USA people are angry right wing citizens.

    Calls from legal aliens who can't vote won't move lawmakers one bit. Money and votes are the only 2 things that matter to politicians.

    Pressure groups and lobbyists have far more reach and influence. IV as a group can use lobbyists and other influence to get a lot more done. Individual phone calls are a waste.

    DBCD



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  • I#39;ll carry my struggles



  • bigboy007
    04-27 12:14 AM
    Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...


    1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.

    2. 90 Days being replaced as 180 days for non displacement option

    3. No consulting for H1B employees based on the Recruitment (F) section.

    4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's

    5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports

    6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.

    7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...

    8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.

    9. stream line of job classifications and roles with 1 year of enacting of S887...

    10. DOL can hire 200+ employees to fill these requirements ;)

    + l1's I have not gone through....



    Newer version is - as should've been expected - more protectionist than before.

    1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.

    2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?

    3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!

    4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.


    If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.

    Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.

    This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.

    The day this law passes will be a great day for Outsourcing, and a sad day for America.





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  • bkarnik
    09-17 12:36 PM
    Zoe Lofgren is referred to as "the lady from california"? Is that normal?

    yes. they refer to each other as lady of xx state or gentleman of Xx state...normal. Another amendment being discussed...



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  • masterji
    04-15 07:06 PM
    Exactly same thing is going on with me, getting a soft LUD almost every day! (to be precise three times since they received my RFE response). Not sure what's going on?
    Ok here is my experience,
    had a hard LUD and received RFE for 325A and birth certificates,
    Replied to RFE - USCIS received the mail on the 8th, same day in the evening, received a hard LUD saying, RFE response received and is under process.
    Till today, I have been seeing soft LUD on our case, I dont know what is going on !!!





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  • Humhongekamyab
    07-02 02:50 PM
    What exactly happens to them?
    Are they under a watch list?
    Many employers will open up a new company and operate?
    Maybe employers are ready to deal with this ????

    I am not sure what happened to them. I just saw the list.

    Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.

    Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.



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  • gk_2000
    04-20 04:41 PM
    cellpho, dont mind the hypocrites here. They are blinded by frustration and have lost their minds. In fact, at this rate, the time may not be far away when they decide to bid adieu





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  • Alien
    02-13 11:15 PM
    I agree with anands26 to an extent. We just need fresh ideas and activities going on while we wait for something to happen.

    If we are not able to attract new members at a great rate we should atleast make sure we get to retain the existing strength.Word of mouth can only get you so much.

    How about making professional grade media clips and posting the link on different websites? The one on IV we have now looks amateurish and doesnt quite do any justice to the org(with all due respects to the person in the clip). Its all about the outlook. People will tend to take us more seriously if we can do a few slick video clips with statistics,interviews(with different nationals) and such.Recruit an (not so expensive)Ad agency.Seeing is believing.It could probably boost the membership level too.Lets not sell ourselves short.

    I also agree with anands26 on attacking the ideas instead of the person. If the leadership needs a slap on the hand so be it. Lets encourage some constructive criticism.Last week we witnessed a lot of personal attacks and guess who was doing it?




    Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.

    These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.

    Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.



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  • GCVictim
    07-12 02:35 PM
    why do we request Zoe Lofgren to come Peaceful protest march?. Please send her email or call her.

    Tell her about your rally and ask her to contribute. This will help us to more support.





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  • kerstbrd
    07-18 02:02 PM
    Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.

    As one of the 'not so many from south america that qualify for the EB visa', this comment just further draws me away from this forum.
    Do you really think the 10k or so wasted visas will honestly make a dent in the demand? I highly doubt that the wasted visas are caused by ROW not applying or 'qualifying' because last time I checked there was still retrogression.



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  • chanduv23
    12-17 10:20 AM
    Chandu,
    I am not sure if you are moderator, if so, we request you have it as an IV action item in home page. Having been with this excellant forum for more than a year now most of us DO know if IV core endorse it or not ..If you notice , you will see my last posts stil in the same page.. meaning reponse isnt that great. Please drive it more..
    Thanks in advance..

    Hi Sri - I am not moderator - but a member like you. This thread has been hardwired so it remains on top of all posts.

    IV is all of us and no need to wait from moderator for approval. If you think that a moderator or an administrator stamp is necessary, pappu can post a message on this if it helps.

    IV is us all and members MUST drive campaigns. Thats how IV has always been and survived because of members taking causes





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  • h1b_alex
    04-05 04:09 PM
    @GCmuddu_H1BVaddu why is there such a hatred in ur mind against me being not an Indian
    i was just asking a simple help, and all you have to say is to find out about my nationality, never mind i never asked help from your kind anyways.

    @krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

    @PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

    @apaul thanks for your analysis paul it helps me understading the situation even more.

    to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

    Thanks to all those who have given me intelligent advise





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  • espoir
    07-19 02:53 PM
    I will continue to contribute to IV even I get my GC in few months (highly unlikely) until the goals of IV are met. Also salutations and big thanks to the spouses and families of IV core. Their contribution and sacrifice is unsung, but in my opinion their sacrifice of their loved ones time and spending all savings for good cause is remarkable in itself. A big applause to the families of IV core for being so understanding.





    PlainSpeak
    04-19 08:19 AM
    That is one more guy in front of me who is gone from the line enabling me to be closer to the GC dispensing window :D





    lotsofspace
    02-26 05:28 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?