Monday, June 27, 2011

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  • desi3933
    08-05 02:07 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.




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  • mirage
    01-07 01:38 PM
    Refugee,
    If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..




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  • nogc_noproblem
    08-22 02:55 PM
    A woman and her little girl were visiting the grave of the little girl's grandmother.
    On their way through the cemetery back to the car, the little girl asked, "Mommy, do they ever bury two people in the same grave?"

    "Of course not, dear." replied the mother, "Why would you think that?"

    "The tombstone back there said 'Here lies a lawyer and an honest man."




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  • unitednations
    03-24 06:44 PM
    Thanks UnitedNations for this discussion.

    In the booming years of 99-00 you could see all these consulting companies having a ball. Personally I have seen people with no relevant skill set getting h1's approved in a totally unrelated job profile. I even have come across staffing companies who have hired recruiters as "business analyst's", now its highly unlikely that these companies could not find recruiters here. But the system was getting misused rampantly.
    I have had experience with companies who with collusion of someone inside a company
    "snagged" portion of revenue from a contract. It wasnt common for 3-4 companies to
    act as middleman's ("layers") the final employee who actually worked getting literally
    peanuts share of the contract amount. I think this still happens today from what I have heard from my friends.

    USCIS had to respond in someway or the other. I am happy that they did but on the other hand I feel sorry for their employees who are probably innocent "collateral damage" victims

    It makes me very uneasy as who knows what USCIS will come up with next. The longer our wait is there is a potential for more scrutiny and who knows what pitfall awaits us lurking somewhere where we least expect. Just because people misused the system we are all going to face the consequences.

    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.



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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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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?



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  • gcisadawg
    12-22 03:29 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.

    More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.




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  • chintu25
    08-28 09:36 AM
    Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:

    O: All your responses must be oral, OK?
    A: OK
    O: What school did you go to?
    A: Oral.
    After a short explaination, the conversation continued:
    O: What is your date of birth?
    A: July fifteenth.
    O: What year?
    A: Every year

    :D



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  • satishku_2000
    05-16 06:04 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.


    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...




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  • logiclife
    07-17 10:42 AM
    Those of you who dont know, Randall Emery is a good friend of Immigration Voice.

    Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.

    Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.

    Everyone:

    Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.



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  • GCnightmare
    08-02 11:24 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot




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  • RaviG
    07-14 08:03 PM
    Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?

    EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.



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  • alterego
    07-13 02:25 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.

    Now point number 2 is a suggestion worth some thought and which might get some traction. I am not sure whether it would require a legislative fix.




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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?



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  • alisa
    12-30 01:48 AM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.


    India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.


    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.




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  • desi3933
    08-05 04:55 PM
    You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.

    Thanks SunnySurya.

    Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.



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  • xyzgc
    01-10 11:04 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!




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  • nojoke
    04-06 04:50 AM
    Fide_champ,

    I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

    USDream2Dust

    I hope this is not a joke. You have any idea what kind of downturn we will be facing? Why did Fed jump in to bail out Bear Stearns against all the criticism? What they did is considered illegal by many. But still they did it anyway. Because the Government is very afraid of this shaky economy. We were just few steps away from bank runs.
    My friend bought house in Atlanta and within 3 months the builder sold the same model houses for 100k less. We are going to see a 30% to 50% reduction depending on the area.
    People who wanted to convince themselves said it will not happen in california. As things started unfolding, they said it will not happen in Bay area. Then they said it will not happen in San Jose and Santa Clara. Now they are saying not in their block.
    If you still think a good school will protect your house price, go ahead and catch the falling knife. To give you some idea of what people here are thinking -------------
    “Sinclair: ‘But the prices kept going up. At one time, our house was worth over $600,000. In fact, a model just like this they were asking $699,000 — and now things have entirely collapsed.”

    “A similar house down the street is already in foreclosure and the bank is entertaining offers for under $200,000.”

    “The Sinclairs stopped paying their mortgage in October when the payment jumped from $3,000 a month to $4,000. Now they’re basically squatting in their own home, living there for free. Sinclair: ‘We had to start making some hard choices, which included going into foreclosure on our house and kind of starting again.’”

    “Sinclair: ‘We would do it if the equity was there, but in a case where we’re already so behind… Imagine that for five years, say, we’re gonna pay four grand a month and then we’re just gonna be back up at what we bought the house for. We feel like we’re throwing away money.’”

    --------------------------------
    They are just walking away from their house because they see that their house value is going down. This all will feedback and cause further decline in the prices. Don't think that the prices will be back in 5 years. For someone who bought a house in 1989, it took 8 years to 9 years to get back to their purchase price. This time it will be worse.

    Guys, people are talking about Depression and you guys want to buy house in a good school district. These FB(search google what it means), are waiting for some greater fool than themselves to unload their burden. This is why you will be called "greater fool"
    If you want to loose your 200K in 2 years, go ahead. It is your money. Don't tell that you weren't warned, like all these mortgage companies and banks who are now saying - "who would have thought it would get this worse".

    Land is plentiful in california and NJ. There are building restrictions artificially imposed to keep the prices high. But this is past. No realtors are saying "we are not making any more land" these days. I have been following the housing blogs and they are laughing at Indians who are buying here in Bay area. Do some research before spewing the realtor propaganda and don't compare situation in India with US. Sorry for the rant. I am doing this with good intention to save atleast some of you guys.




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  • Macaca
    12-27 06:50 PM
    A crucial connection (http://timesofindia.indiatimes.com/home/opinion/edit-page/A-crucial-connection/articleshow/7173785.cms) By Michael Kugelman | Times of India

    With India's soaring growth and rising global clout hogging media headlines, it is easy to forget the nation is beset by security challenges. Naxalite insurgency rages across more than two-thirds of India's states, while long-simmering tensions in J&K exploded once again this summer. Meanwhile, two years post-Mumbai, Pakistan remains unwilling or unable to dismantle the anti-India militant groups on its soil. Finally, China's military rise continues unabated. As Beijing increases its activities across the Himalayan and Indian Ocean regions, fears about Chinese encirclement are rife.

    It is even easier to forget that these challenges are intertwined with natural resource issues. Policy makers in New Delhi often fail to make this connection, at their own peril. Twenty-five per cent of Indians lack access to clean drinking water; about 40 per cent have no electricity. These constraints intensify security problems.

    India's immense energy needs - household and commercial - have deepened its dependence on coal, its most heavily consumed energy source. But India's main coal reserves are located in Naxalite bastions. With energy security at stake, New Delhi has a powerful incentive to flush out insurgents. It has done so with heavy-handed shows of force that often trigger civilian casualties. Additionally, intensive coal mining has displaced locals and created toxic living conditions for those who remain. All these outcomes boost support for the insurgency.

    Meanwhile, the fruits of this heavy resource extraction elude local communities, fuelling grievances that Naxalites exploit. A similar dynamic plays out in J&K, where electricity-deficient residents decry the paltry proportion of power they receive from central government-owned hydroelectric companies. In both cases, resource inequities are a spark for violent anti-government fervour.

    Resource constraints also inflame India's tensions with Pakistan and China. As economic growth and energy demand have accelerated, India has increased its construction of hydropower projects on the western rivers of the Indus Basin - waters that, while allocated to Pakistan by the Indus Waters Treaty, may be harnessed by India for run-of-the-river hydro facilities. Pakistani militants, however, do not make such distinctions. Lashkar-e-Taiba repeatedly lashes out at India's alleged "water theft". Lashkar, capitalising on Pakistan's acute water crisis (it has Asia's lowest per capita water availability), may well use water as a pretext for future attacks on India.

    Oil and natural gas are resource catalysts for conflict with China. Due to insufficient energy supplies at home, India is launching aggressive efforts to secure hydrocarbons abroad. This race brings New Delhi into fierce competition with Beijing, whose growing presence in the Indian Ocean region is driven in large part by its own search for natural resources.

    India's inability to prevent Chinese energy deals with Myanmar (and its worries about similar future arrangements in Sri Lanka) feeds fears about Chinese encirclement, but also emboldens India to take its energy hunt further afield. Strategists now cite the protection of faraway future energy holdings as a core motivation for naval modernisation plans; India's energy investments already extend from the Middle East and Africa to Latin America. Such reach exposes India to new vulnerabilities, underscoring the imperative of enhanced sea-based energy transit protection capabilities.

    While sea-related China-India tensions revolve around energy, land-based discord is tied to water. South Asia holds less than 5 per cent of annual global renewable water resources, but China-India border tensions centre around the region's rare water-rich areas, particularly Arunachal Pradesh. Additionally, Chinese dam-building on Tibetan Plateau rivers - including the mighty Brahmaputra - alarms lower-riparian India. With many Chinese agricultural areas water-scarce, and India supporting nearly 20 per cent of the world's population with only 4 per cent of its water, neither nation takes such disputes lightly.

    India's resource constraints, impelled by population growth and climate change, will likely worsen in the years ahead. Recent estimates envision water deficits of 50 per cent by 2030 and outright scarcity by 2050, if not earlier. Meanwhile, India is expected to become the world's third-largest energy consumer by 2030, when the country could import 50 per cent of its natural gas and a staggering 90 per cent of its oil. If such projections prove accurate, the impact on national security could be devastating.

    So what can be done? First, New Delhi must integrate natural resource considerations into security policy and planning. India's navy, with its goal of developing a blue-water force to safeguard energy resources overseas, has planted an initial seed. Yet much more must be done, and progress can be made only when policy makers better understand the destabilising effects of resource constraints. Second, India should acknowledge its poor resource governance, and craft demand-side, conservation-based policies that better manage precious - but not scarce - resources. This means improved maintenance of water infrastructure (40 per cent of water in most Indian cities is lost to pipeline leaks), more equitable resource allocations, and stronger incentives for implementing water- and energy-efficient technologies (like drip irrigation) and policies (like rainwater harvesting).

    Such steps will not make India's security challenges disappear, but they will make the security situation less perilous. And they will move the country closer to the day when resource efficiency and equity join military modernisation and counterinsurgency as India's security watchwords.

    The writer is programme asso-ciate for South Asia at the Woodrow Wilson International Centre for Scholars in Washington, DC


    What They Said: Rooting for Binayak Sen (http://blogs.wsj.com/indiarealtime/2010/12/27/what-they-said-press-activists-root-for-binayak-sen/) By Krishna Pokharel | IndiaRealTime
    Indian government criticised for human rights activist's life sentence (http://www.guardian.co.uk/world/2010/dec/26/amnesty-criticises-sen-life-sentence) By Jason Burke | The Guardian




    rbalaji5
    07-13 10:33 PM
    I have drafted a Petition (Version 1).

    http://immigrationvoice.org/forum/showthread.php?p=262309#post262309

    Excellent letter. - I support even I am EB2.

    One should not point other category and ask for the right.




    Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.



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