Sunday, July 3, 2011

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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.




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  • paskal
    07-08 05:45 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?




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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.




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  • bfadlia
    01-07 02:16 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.



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  • SunnySurya
    12-22 09:53 PM
    Shuyaib saheb ASAK and welcome to 21st century.
    And by the way thanks for enlightening us on the hindu scriptures, these are news to us.

    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?




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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.



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  • gc28262
    03-24 04:07 PM
    No, they figured out that it is consulting companies that are exploiting loopholes.

    1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.




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  • srkamath
    07-13 02:15 PM
    Whoever, plans to put their name and signature on this letter ......

    " Let me take you back to the situation in 2001-2003..when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from TOP US universities) our Labors were sent back from DOL saying that the Economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 non RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years. " - sounds awkward, someone with better writing skills needs to re-write this.

    "....most people applied in EB2 and got their Labors cleared in few months time.... " - So why didn't/couldn't/wouldn't you?

    "After having followed the rules set by DOL and the USCIS and waited patiently in line ignoring the short cut routes of substitute labor or converting to EB2 categories we applied for I-485 in June 07 to get our EAD's. " - I-485 to get EAD ??? Doesn't make sense....

    The whole letter sounds like you are demanding some kind of entitlement......and are suggesting that those who applied for EB2 under PERM did something wrong?



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  • kinvin
    02-25 07:41 PM
    Macaca,

    Oh, I meant that, the quote is what Lou Dobbs would have said if Space.com would not have failed. Sorry about the confusion.




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  • RaviG
    07-14 08:24 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.



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  • abracadabra102
    01-02 11:39 AM
    Non-state actors are mentioned a lot here. Who are these non-state actors and who is responsible for acts of these non-state actors? If a few Pakistani citizens cross over and strike Indian cities at random and disappear back into Pakistan, what are India's options? Just to pray that in some 30-50 years into future all Pakistani terrorists will somehow realize their folly and turn into saints?

    We are also missing the elephant in the room. India has 150 million muslims and we have our share of Hindu fundamentalists. These Hindu fundamentalist groups have been trying for a long time to equate terrorism to Islam (targeting Indian muslims) and Indian public at large rejected this notion so far (rightly so) and that may change in future and it may not be long before a Narendra Modi becomes Prime Minister. It will be a shame if a few terrorists destroyed that very tenet of India - "Unity in Diversity".




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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.



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  • cinqsit
    04-13 03:04 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,
    cinqsit




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  • NKR
    04-14 03:39 PM
    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

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


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

    Fantasizing is ok but when you are dreaming, you cannot have sweet dreams all the time, sometimes you will have nightmares..


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

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



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  • gc28262
    03-24 04:07 PM
    No, they figured out that it is consulting companies that are exploiting loopholes.

    1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.




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  • sk2006
    06-23 10:58 PM
    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


    LOL.
    :D:D

    A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
    When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.



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  • gomirage
    06-05 07:18 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?

    Common sense is to rent until you are sure you're staying for good.




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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?




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  • axp817
    03-25 01:26 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.




    Macaca
    12-27 06:34 PM
    Scamsters dictionary (http://timesofindia.indiatimes.com/home/opinion/edit-page/Scamsters-dictionary/articleshow/7173788.cms) By Dilip Bobb | Times of India

    Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.

    The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.

    It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).

    Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.

    So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.

    For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.

    We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.

    Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.



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    Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.



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