Monday, July 4, 2011

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  • pthoko
    07-12 12:09 AM
    No one??





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  • gc28262
    03-24 04:01 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Thanks.
    I guess you are right. The long wait times for Indians should be one of the reason.
    The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.

    Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.





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  • number30
    03-26 06:14 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally





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  • logiclife
    04-07 12:33 AM
    Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.

    They will earn more with less people and buy all the new model cars and houses everywhere in US.

    This is our problem and we have to fight for our good.

    You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.

    EVERYONE LOSES.



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  • Macaca
    12-30 07:11 PM
    Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu

    One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?

    Around a single event

    The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.

    The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.

    The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.

    The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.

    The final concern

    The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.

    The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.

    The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).

    The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.

    The writer is a doctoral student working on law and politics in India





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  • ScratchingHead
    10-01 01:28 PM
    For the record the raising of the FDIC limit was proposed by John Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.



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  • IL_Guy
    06-09 10:40 AM
    Reds.........Hmmm what for?





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  • Dhundhun
    07-14 06:14 AM
    This letter is NOT good for the community. PERIOD.

    I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.

    Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).

    Returned: Several guys returned back, they could have easily been in various EBs catagories.

    Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.



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  • EkAurAaya
    08-05 06:00 PM
    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.

    Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.

    What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...

    Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D





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  • DSJ
    05-17 02:43 PM
    Come on man don't preach here. Your so called paid *permanent job* is to do work at your office, not spend time in this forum to post lengthy text.
    Do you think what you are doing is legal or illegal to your company.

    Reality is, being a 'consultant' on the bench is illegal.



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  • LostInGCProcess
    08-05 03:56 PM
    ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....

    Don't worry too much about GC...it would ruin your life if you think a lot about it.

    We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.

    So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.

    just my thoughts :)





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  • Emerson
    04-07 04:55 AM
    Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.

    It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.

    As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
    http://www.colosseumbuilders.com/articles/miano_testimony.html



    This bill is the work of same group of people and it does pose a real threat to H visa program.

    H1 quota finished because of many reasons including:
    1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
    2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
    3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.

    This is a good discussion, please contribute to this discussion. I am here to learn.



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  • pthoko
    07-10 10:07 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.





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  • devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..



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  • dohko
    04-09 01:46 PM
    You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
    because they actually hire Americans.


    Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)





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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.



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  • waitnwatch
    08-05 09:20 PM
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?

    Best post and best funny post is the first post I guess! Whoever this person is started a good nice fight for no reason so it is the best post.

    That post is also the funniest post because that person also talked about a lawsuit as if it was the same as buying and returning something at Walmart.

    The worst post - All the rest including all of mine for falling hook line and sinker for this bait.





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  • AbraKaDabra
    11-15 10:56 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html





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  • Macaca
    02-13 10:56 AM
    Taken to School (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

    Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.

    Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.

    Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.





    mbartosik
    04-09 12:38 AM
    There are a few banks with names like "first immigrant bank" around NY.
    If they turned you down, you could say, hey, just remind me what the name of the bank is?

    Of course H1B, L1, J1 are non-immigrant visas (with dual intent) to be more precise. But you get the joke.

    You might consider using a mortgage broker.
    They get commission on the loan so they will work harder to find something. Only be careful they don't stick you with something with crap terms. Also if you give a deposit make it not only contingent on mortgage, but contingent on mortgage at no more than X% APR and Y mortgage terms, that way if the mortgage company changes the deal at closing (bait and switch - dirty practice - more likely to occur with a broker) then you can just get your deposit back and walk away. In this market, a small deposit (if any) should be acceptable.

    Also if the realtor selling the property is a licensed mortgage broker, after you have agreed a price, you could use them to get your mortgage. There is an obvious conflict of interest and you are trying to work it to your advantage. If they cannot find you a mortgage with terms that you like they lose on both sides of the deal! That's what I did, and I'm very happy with the mortgage deal I got.

    Also do research on mortgage terms. Understand what is ARM, LIBOR, t-note, types of fees and penalties, you are high skilled -- do your research so you know as much as the mortgage broker on technical terms. If you understand the terms and they know that you know, then you will be taken more seriously.





    willwin
    07-13 04:01 PM
    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any spilt will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.

    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.



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