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  • gsc999
    05-13 06:23 PM
    I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....


    :p Attack of the Trolls - Final Battle





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  • NeverEndingH1
    12-17 03:18 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    This thread must continue.

    It will be a slap to all the pseudo seculars on this forum. What will you do with your stupid greencards if your family back home is in turmoil. You guys just want to close your eyes from the problems facing you and think that by posting immigration realted posts and being politically correct in life you will become nice people. People do not wake up until the tragedy hits them close.

    And there is nothing wrong to talk about religion and terror. It is because of not speaking, the rogue forces are now hurting everyone. And f you do not criticize the politicians who divide the country for votes, then if something wrong happens it is your fault because you chose to keep quiet.

    I have seen past threads on this topic. First people tried hard to argue. But when they lost arguments and could not accept the truths, they started using abusive language. That showed their true character. These same people are going to try this tactics on this thread too. But this thread should continue.

    Everyone has freedom of speech and IV should allow all opinions equally. I will be upset if this thread is closed.





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  • Rayyan
    01-07 10:44 AM
    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me :cool:, I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee):mad:





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  • hate_me
    12-30 01:45 PM
    Are you joking????? When was Pakistan stable, that India could destablize it??? A country whose creation itself was based on greed and lies, has just given military coups one after another, because of greed, its politicians, army chief's never gave a chance for Pakistan to stabilize. Hate and terrorism is propagated in all madarasa's, for once just consider all the conflicts and issues between India and Pakistan are solved, do think Pakistan will be stable then, not at all because shite and sunni will start killing each other and destabilize Pakistan. So open your eyes and accept the truth, pakistan was never peaceful since its creation, pakistan is and will remain a problematic country, because its creation is based on greed and hatred. Funny though how pakistan percieves things, previuosly it was trying to call terrorism as freedom fight and now terrorists itself as non-state actors, oh yeah and the famous musharaf's so called democracy. Pakistan is en route to self destruction, sooner pakistani's understand it, the better.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....



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  • svn
    03-31 07:27 PM
    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747





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  • rajmirk
    05-24 08:17 PM
    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............

    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R



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  • transpass
    03-26 07:01 PM
    Does this mean that H1B is also location specific?

    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...





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  • mbawa2574
    03-25 11:12 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

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

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

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

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
    Dude you are missing on the tax savings part of the game. U need to take it into account. Specially if you are making 100k + . Buying a house will save you big on taxes for first couple of years since interest is tax deductible. For couple of years interest is the major part of your payment.

    Also people suggesting that this is not a great time to buy, then what would be ?There are bargains in the market. A Good investor never buys a property when prices touch the roof. U wanna buy right on the bottom. Also risk factors depends on markets and geography where u are looking. NY metro,CA (San Fran & LA), New England area are the best places to buy as job markets are diversified and markets have potential to sustain ups and downs. Property prices have tanked just 10 points and have already corrected pretty much in good neighborhoods and there is inventory sitting on the market with great deals . U cannot compare apples with oranges. Hence Detroit,Ohio etc have no comparison to these progressive markets I mentioned earlier. Also governments don't cut new lots at the same rate in these states as compared to other US markets keeping the prices more or less stable.

    On NJ- I have not seen a single Native born American liking the state. It is considered most corrupt state in the union but still pretty much rich people live in NJ including our friend Lou Dobbs :-) He curses NJ almost once in a month on his show and lives in a 300 acre farm house in the same state. So I will rather ignore the comments posted about NJ in earlier post.



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  • xlr8r
    04-09 08:35 AM
    What can we do to deep-six this bill?

    Need direction here!





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  • coopheal
    01-07 10:15 AM
    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.



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  • 485Mbe4001
    08-05 03:16 PM
    Wow...good for you...welcome to America...

    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • rima1805
    03-23 09:36 AM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!



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  • Macaca
    05-09 05:50 PM
    �Big Stick 306� and China�s Contempt for the Law (http://www.nytimes.com/2011/05/06/opinion/06fri3.html) New York Times Editorial

    China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.

    Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�

    Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.

    They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.

    Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�

    If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.




    Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
    Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
    No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
    China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
    The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
    China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post





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  • dealsnet
    09-29 01:35 PM
    SEE THE 1999 ARTICLE IN NY TIMES.
    Bush get the blame for every thing in the world.


    Fannie Mae Eases Credit To Aid Mortgage Lending

    http://query.nytimes.com/gst/fullpage.html?res=9C0DE7DB153EF933A0575AC0A96F9582 60&sec=&spon=&pagewanted=1

    NYT said:
    Fannie Mae, the nation's biggest underwriter of home mortgages, has been under increasing pressure from the Clinton Administration to expand mortgage loans among low and moderate income people and felt pressure from stock holders to maintain its phenomenal growth in profits.



    NYT said:
    In moving, even tentatively, into this new area of lending, Fannie Mae is taking on significantly more risk, which may not pose any difficulties during flush economic times. But the government-subsidized corporation may run into trouble in an economic downturn, prompting a government rescue similar to that of the savings and loan industry in the 1980's.



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  • waitnwatch
    08-05 03:24 PM
    Don't remember exactly, I can look into the wording of the law but I think
    post bachelor 5 year experience for EB2 is a law and not Memo.

    If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.





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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."



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  • tanu_75
    07-28 03:52 PM
    dont ever ever dare to compare India and USA.


    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.


    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue.

    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.





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  • anjans
    07-14 03:38 PM
    Missed point: The job needs to need that progressive experience and should call out to say that your job needs BS+5yrs. if it did the lawyers should not file EB3





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  • satishku_2000
    05-16 05:39 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.

    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





    gapala
    06-05 08:28 PM
    look at this thread.. counterproductive higher taxes to sustain the government spending on food, shelter and medical care.... means more technology job outsourcing..

    http://immigrationvoice.org/forum/showthread.php?p=345957#post345957





    shuyaib
    12-23 05:00 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!



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