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  • riva2005
    04-06 09:06 PM
    you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

    these protectionist will realize as many H1B dependent companies virtual outsource all there jobs

    well in all seriousness I don't think this bill will be passed in senate,

    This bill may not be introduced in its current form anywhere.

    But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.





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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





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  • bfadlia
    01-08 11:07 AM
    guys i give up..
    i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
    i'm out of here.





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • Rolling_Flood
    08-05 08:33 AM
    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.

    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)





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  • ujjwal_p
    01-06 09:33 PM
    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. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.

    Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.

    Listen dude, I actually feel your frustration. A month and half back, I was going through the same feelings watching the Mumbai attacks unfold.

    Let's get to your arguments. First the Diwali incident. This is a lame comparison. That's an accident and you are comparing that against Hamas shooting rockets to kill and maime people. Accidents by children will happen in India in Diwali, in Karachi by another kid and also probably kids playing with guns and rockets in Gaza. So I'll ignore this one.

    Next, You believe we all are biased because of CNN and Fox and they are mouthpieces of a vast Jewish conspiracy. Ok, let's grant you that. How can you convince me that *you* are not being fed Arab and Muslim propaganda? I am not saying that they do, but the basic deal is : there is truth and there are versions. Maybe none of us know the truth, so don't go around blaming only one segment of the media because it's convenient to you. I actually go and read news from the media all over the world, be it Al Jazeera, Jerusalem Post, Strait Times. I consider myself reasonably informed and have seen some bias everywhere.

    Second, I absolutely condone the loss of innocent lives. Please don't insult me by paraphrasing what I said. I know and love people from all over the world, including Israel, Egypt, Pakistan and don't need to hear stuff like this. However you cannot prove that Israelis are purposely targetting civilians. Also I don't think the Israelis are stupid enough to do something knowing the amount of bad press that action will get. Maybe it was collateral damage or maybe it was a mistake. But yes Israel should be asked to clarify this.

    I hate that innocent lives are being lost. My stomach churns when I see photos of little kids being ferried to hospitals in Gaza. It's a most terrible situation. But we have an extremely irresponsible government in Gaza. It's a bit like the Taliban governing Afghanistan. Look at the West Bank. Fatah/PA runs it and while there are still problems, atleast there is a certain calm there. Yes the issue of settlements is ongoing but it's a thousands time better problem to have than daily skirmishes or even worse like what's happening in Gaza. People can go about living their lives, doing business, going to school, things normal people should be expected to do etc.

    This is the world's biggest flashpoint and people like Hamas and Hezbollah or atleast elements in them ( i know hezbollah has a strong social and civic organization too) don't really help the situation.



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  • NKR
    04-15 08:34 PM
    Factors to consider when buying:
    1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
    2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
    3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
    4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
    5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
    6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.

    For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.


    Let me declare the winners:
    1. Mariner & nojoke are logical & declared winners in this debate
    2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.

    probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.





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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.



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  • NKR
    08-06 02:14 PM
    Ok, Soni, the person with a heavy Phd head gives me a red, he/she could not argue reasonably in the form and so gives a red in private... so much for her/his phd





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  • desi3933
    08-06 09:11 AM
    ....
    ....
    ....
    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Someone (Rolling_Stone is that you?) gave me red dot with this remark
    yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE

    Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
    BTW you are a coward who does not guts to reply with your ID.

    Yes, I agree, getting thru JEE is good but it is no big deal.

    Rolling_Stone -
    Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D

    You are a real CKD (if you are an IITian then you should know what it means).



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  • santb1975
    09-29 11:17 AM
    I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.


    This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".

    When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.





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  • pete
    04-09 11:33 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants". I think they ought to have some kind of licensing.
    Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.




    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.



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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.





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  • 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



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  • gotgc?
    12-17 10:44 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    It is absolutely true...why is that all terrorists are muslims..something is wrong...





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  • hopefulgc
    07-13 10:06 PM
    abe khajoor log .. kutte ke jaise mat lado.. thanda lo
    (guys, stop fighting like dogs.. chill out)

    why did I write in hindi language...?
    because nobody seems to understand the same thing written in plain old english here.



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  • bfadlia
    01-08 11:04 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Religion will give misery only. Man made the religion. God didn't created it.

    i'm really confused, my posts asked people not to let religion interfere with a political issue, you responded educating us on the salvation and trinity and disproving Mohamed's message.. which one of us was discussing religion..
    And still how does this justify you being racist to egyptians?!





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  • nogc_noproblem
    08-26 07:19 PM
    Two rednecks were looking at a Sears catalog and admiring the models.

    One says to the other, 'Have you seen the beautiful girls in this catalog?'

    The second one replies, 'Yes, they are very beautiful. And look at the price!'

    The first one says, with wide eyes, 'Wow, they aren't very expensive. At this price, I'm buying one.'

    The second one smiles and pats him on the back. 'Good idea! Order one and if she's as beautiful as she is in the catalog, I will get one too.'

    Three weeks later, the youngest redneck asks his friend, 'Did you ever receive the girl you ordered from the Sears catalog?'

    The second redneck replies, 'No, but it shouldn't be long now. I got her clothes yesterday!'





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  • BondJ
    05-16 05:54 PM
    Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

    http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms





    nojoke
    04-14 03:02 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.

    No one is scaring away others from buying a house. We are all pointing to the risk of buying a house at this time, which you are already agreeing. :)





    psvk
    08-05 11:42 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.

    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.

    Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.

    You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.



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