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  • unitednations
    07-08 06:10 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?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    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.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


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

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.





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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."





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  • morchu
    08-03 02:29 PM
    Not true.
    All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.

    Means.... never joining your original 485 employer ... by it self... wont cause any issue.


    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx





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  • Legal
    08-08 02:22 PM
    1.Losing all your friends

    Man comes home, finds his wife with his friend in bed.
    He shoots his friend and kills him.
    Wife says "If you behave like this, you will lose ALL your friends."

    2. Brother wanted

    A small boy wrote to Santa Claus,"send me a brother"....
    Santa wrote back, "SEND ME YOUR MOTHER"....

    3. Meaning of WIFE

    Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
    Wife replies, "No, it means 'With Idiot For Ever'!!!"

    4. Importance of a period

    Teacher: "Do you know the importance of a period?"
    Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."



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  • Pineapple
    12-24 04:31 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
    There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.





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  • srkamath
    07-13 03:19 PM
    It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.

    Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.

    EB3s - mail out the letter PLEASE!!!!!

    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......



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  • Macaca
    12-28 07:29 PM
    Flashy Office Space, Advertising India�s Allure (http://www.nytimes.com/2010/12/28/business/global/28sizzle.html) By VIKAS BAJAJ | New York Times

    A massive futuristic office complex is rising from a patch of spare, arid land here near the southern Indian city of Chennai. Six butterfly-shaped buildings dock like spacecraft to two long metal-latticed terminals.

    About 12,000 people already work at the campus, being built by India�s largest technology company, Tata Consultancy Services. It eventually will have space for 24,000 of Tata�s nearly 180,000 employees.

    Meanwhile Infosys, one of Tata�s biggest competitors, has added a corporate campus for 15,000 employees with buildings that resemble the Parthenon, the Coliseum and the Louvre�s glass pyramid. Infosys plans to build an additional 10 million square feet of custom office space by mid-2012, at various sites, adding 25,000 workers to its current 122,000.

    It is all part of a construction spree by India�s outsourcing companies, which are growing at a breakneck pace after the lull caused by the global financial crisis in 2008 and 2009.

    But the building boom is about more than making room for more workers.

    The outsourcing giants, which include Wipro and others, hope that architectural sizzle can help them compete for the nation�s top software programmers, while also burnishing their reputations with overseas clients and prospective customers.

    In this nation where world-class high-tech companies co-exist with urban slums and rural poverty, employers like Tata, Infosys and Wipro have set out to create avant-garde, environmentally smart corporate sanctuaries.

    And even if some architects and critics complain about the wisdom and taste of the efforts, the executives behind the building boom say their ambitious projects put a modern face on Indian business.

    T. V. Mohandas Pai, a director at Infosys, which has 15 campuses around India, said his company�s eclectic mix of designs from all over the world reflected this nation�s inclusive sensibility. �One singular thing is monotonous,� he said. �In India, we are a colorful people.�

    Like China a decade earlier, India appears to be at that phase of economic development where buildings are meant to help advertise the nation�s arrival on the world stage. But unlike China, where the government and state-owned corporations took the lead, private companies in India have headed the charge � not the government, which struggles to execute even basic construction projects.

    And within India�s business world, technology companies have been more adventurous than others, perhaps because of their outsize financial success and their need to hire tens of thousands of workers to write software for foreign clients. State and federal governments are aiding the effort by offering these companies generous tax incentives and choice pieces of real estate to build big campuses.

    Competition for employees is intense, because while India produces about 500,000 engineers every year, most colleges provide such poor education that the industry says that just a quarter of graduates are employable. But among those most qualified � typically graduates of elite places like the Indian Institutes of Technology and Birla Institute of Technology and Science � as many as 18 percent leave for other jobs every year. The outsourcing companies see lavish, environmentally friendly campuses as a way to help attract and retain the best and brightest workers.

    With their manicured lawns, power generators and lakes, the campuses are a noticeable improvement on most engineering colleges, which suffer from India�s standard infrastructure deficiencies � blackouts, water shortages and poor maintenance.

    �I prefer a big campus,� said Aditya Mathur, a software engineer, 23, who joined Wipro a year ago, and now works at a four-year-old office in Gurgaon, south of New Delhi, as a software tester. �The facilities are better in a big campus.�

    Tata Consultancy Services � or T.C.S., as the company is known � is spending $200 million on its Siruseri campus and has hired the Uruguayan-born Canadian architect Carlos A. Ott, who designed the opera house on the Place de la Bastille in Paris. The company is also building big campuses in Ahemdabad, Pune, Calcutta and Hyderabad.

    But some critics say that too many of the industry�s new complexes are intended to make a big splash without much thought of how they will function and fit into the local surroundings.

    �It is a haphazard reaching for something that will quickly make a statement about the place being world class,� said Himanshu Burte, an architecture critic who writes frequently for Indian newspapers.

    But Rahul Mehrotra, a prominent architect who has designed an office building for Hewlett-Packard in Bangalore, the city at the heart of India�s technology industry, argued that rather than being outr�, too many Indian tech campuses had a hackneyed feel, evoking the sprawling suburban campuses of Silicon Valley or American companies like Google and Apple.

    �The architecture in these cases symbolizes the fact that these are places of outsourcing, not cutting-edge research,� said Mr. Mehrotra, who lives in Mumbai and Boston.

    Mr. Pai of Infosys said he was unconcerned about such criticism. He said the people who mattered to the company � employees and customers � raved about its buildings, particularly those that resembled landmarks like the Coliseum at its new campus in the city of Mysore. �They like the fact that it�s so diverse,� he said.

    Infosys probably set the standard for ambitious corporate campuses in India more than a decade ago. Many other companies grew helter-skelter wherever they could find space. But Infosys started building large complexes, beginning with its first campus on the southern edge of Bangalore, its home city, in 1995, just a few years after India started to open its economy to the rest of the world.

    That first campus, which, after many expansions, can now accommodate 24,000 people, was considered cutting-edge for creating an ordered oasis of lawns and lakes in the midst of the urban chaos that envelops most commercial areas in India. The complex also established the company�s quirky style � with a glass pyramid for an auditorium and a building that resembles a washing machine � and helped set a benchmark for big campuses in the technology industry.

    Mr. Pai, who determined the overall layout of the campuses with the company�s chairman, N. R. Narayana Murthy, said Infosys was determined to make every new campus �better than our last campus.�

    Their rules include the tenet that no two buildings should look alike. Another audacious goal is that every campus should become a �carbon sink� in the next five years. In other words, trees, lakes and other natural features should absorb more carbon than is generated by the campus.

    Some other firms, like Wipro, tend to be more understated, opting for standard-looking office buildings. But even these companies have trademark causes. Wipro prides itself on minimizing the use of power and, especially, water. It recycles water and creates lakes to harvest the rain. At one of its campuses in Bangalore, a training center appears to float on one of these reservoirs.

    T.C.S., based in Mumbai, has long had significant operations in and around Chennai, the city formerly known as Madras, which is on the Bay of Bengal. But N. Chandrasekaran, chief executive of T.C.S., said the company previously had too many buildings arbitrarily sprinkled around that region.

    The new Siruseri campus, 18 miles south of Chennai, is meant to help consolidate some of those outposts and give employees a sense of place and pride of ownership. �We had multiple buildings and we felt that we should have a campus where employees will feel empowerment, will feel good about working,� he said �and at the same time we have a place to host clients.�

    For at least some employees, the plan seems to be succeeding.

    Deenathajalan Sugumar, who works in production support, recently moved to the new T.C.S. campus in Siruseri from a smaller building in Chennai. He gushed about the campus, even though he now commutes by a company bus for more than an hour every day, more than double his previous travel time.

    �It�s my home,� Mr. Sugumar, 24, said. �It�s my company.�


    The Outsourcing Battle (http://www.nytimes.com/interactive/2010/12/28/business/global/20101228-sizzle-ss.html) New York Times





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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.



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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





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  • pointlesswait
    01-06 01:28 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..


    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?



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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M





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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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  • NKR
    07-14 03:52 PM
    ---------------------------------------------------------------------------
    I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.


    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.





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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.



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  • Beemar
    12-26 12:52 PM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.





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  • jonty_11
    08-07 03:35 PM
    UN,

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?



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  • xyzgc
    12-27 12:04 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    They will figure it out. You too, Beemar, well-said.





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  • xyzgc
    01-09 01:04 PM
    refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?





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  • transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...





    ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that





    inskrish
    01-07 01:41 AM
    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.

    If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.



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