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  • Administrator2
    04-06 09:03 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.





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  • unitednations
    07-08 05:49 PM
    .

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


    In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

    Chennai and california service center are pretty much standard in what they look for and request.

    I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

    I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

    Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.





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  • NKR
    04-14 04:21 PM
    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.

    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.





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  • Macaca
    02-21 05:24 PM
    War on middle class is nothing less then a national crisis.

    I was listening to find out the exact statement they use: CNN is the best news on network. Turned off immediately.



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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
    -a





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

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

    According to you anything is possible with USCIS these days.

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

    -cheers
    kris

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

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

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



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  • nogc_noproblem
    08-06 09:54 PM
    A little boy went up to his father and asked, "Dad, where did all of my intelligence come from?"

    The father replied, "Well son, you must have got it from your mother, because I still have mine."





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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - Forbes.com (http://www.forbes.com/2009/06/02/gotti-canseco-dykstra-foreclosures-business-celebrities.html)

    And who was rich first and does not consider his house as an investment!



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  • texcan
    08-05 01:43 PM
    Agree with you...
    Also let me share a story ....

    Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.

    These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).

    The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.

    Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.

    An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.


    Sunnysurya,

    Thanks for giving me ear, and thought to my points.

    Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.

    We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.

    Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.


    Thanks SunnySurya.





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  • StuckInTheMuck
    08-05 02:10 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"



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  • gcisadawg
    12-22 06:23 PM
    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

    Dude, if you havent heard about it, it is already happening.
    http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/

    One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.





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  • Macaca
    05-12 05:47 PM
    Get ready� Chinese investors are coming Latin America (http://www.miamiherald.com/2011/05/11/2212567/get-ready-chinese-investors-are.html) By Andres Oppenheimer | Miami Herald

    It�s no secret that China�s trade with the Americas has soared in recent years, but we are likely to see a major new phenomenon in coming years � an avalanche of Chinese foreign investments.

    It has already started in Latin America, where China�s foreign investment more than doubled in 2010. And it�s beginning to take off in the United States, although in a smaller scale because of U.S. concerns over the potential national security threats of selling major corporations to Chinese investors.

    According to several new studies, we will soon see Chinese firms buying increasingly more companies throughout the Americas, ranging from oil, minerals and other natural resources firms in Latin America to manufacturing plants in the United States. As China�s companies grow, so do their need to expand abroad, they say.

    A newly released study by the Asia Society and the Woodrow Wilson International Center, entitled �An American open door?,� estimates that China�s worldwide direct foreign investments will rise from an accumulated $230 billion today to between $1 and $2 trillion by 2020. The figure does not include China�s purchases of government bonds, or passive investments in stocks and bonds.

    Until now, China was virtually non-existent as a global foreign investor. While China accounts for 8 percent of global trade, it only accounts for 1.2 percent of the global stock of foreign investments. Its current foreign investments pale in comparison with the $4 trillion in U.S. investments abroad.

    But that�s changing very fast. Unlike six years ago, when China�s Lenovo raised eyebrows worldwide when it bought IBM�s Personal Computers Division, such purchases are becoming increasingly common. Last year, China�s Sinopec oil company bought Brazil�s Repsol-YPF for $7.1 billion, and China�s CNOOC oil firm bought Argentina�s Bridas Corp. for $3.1 billion.

    A study released last week by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) shows that China�s foreign direct investments in Latin America reached $15 billion last year, doubling the total of China�s accumulated investments in the region of the past 20 years.

    In addition, China has announced it will invest $22.7 billion in Latin America and the Caribbean starting this year, the study says.

    China�s investments in the United States have been much smaller, of about $5 billion last year, according to the Asia Society study. But that was a 130 percent increase over 2009, it says.

    What�s moving China to invest in the Americas? I asked Alicia Barcena, head of the Santiago, Chile-based ECLAC.

    First and foremost, the need to secure its supplies of oil, minerals, soybeans and other raw materials, she said. China is a major importer of Latin American primary products and wants to protect itself from big price increases or potential disruptions in the supply chain. So Chinese companies want to make the transition from importers to part-owners of the Latin American firms that produce the goods they are now buying.

    Second, China�s companies are increasingly behaving like profit-driven Western firms: When faced with tariff barriers in big markets they want to get access, such as Brazil�s, they buy local companies to sell their goods within those countries.

    Third, China�s labor costs are rising, as Chinese firms are raising wages. Just as Chinese companies have been going to Vietnam and other Asian countries to lower their production costs, they may soon do the same in Latin America.

    �This trend of growing Chinese foreign investments in Latin America is likely to continue,� Barcena told me. �There has clearly been a policy change there, and the Chinese government is now encouraging foreign investments by Chinese firms.�

    My opinion: China�s eruption as a major foreign investor in the Americas is a positive development, but brings along several problems that countries in the region will have to face.

    China buys majority stakes in foreign companies, but makes it difficult for foreigners to buy Chinese companies, and sell in China. Also, China�s nearly exclusive focus on raw materials in Latin America threatens to turn countries in the region into extraction economies, delaying the development of high-tech industries.

    And Chinese companies are not known to follow strict environmental or anti-corruption rules. Their arrival in the region will be a welcome phenomenon, but it will pose many challenges that countries should begin to prepare for as they roll out their red carpets to Chinese investors.



    Now for the price of chasing Afghan shadows (http://www.ft.com/cms/s/0/583d1c2a-7680-11e0-b05b-00144feabdc0.html#axzz1LTeOmBcc) By David Pilling | Financial Times
    Chinese and American madness (http://prestowitz.foreignpolicy.com/posts/2011/05/12/chinese_and_american_madness) By Clyde Prestowitz | Foreign Policy
    The S&ED No-Holds Barred: China�s Deplorable Human Rights and the Simple American People (http://blogs.cfr.org/asia/2011/05/11/the-sed-no-holds-barred-china%E2%80%99s-deplorable-human-rights-and-the-simple-american-people/) By Elizabeth C. Economy | Council on Foreign Relations
    Inouye�s Asia-Pacific Warning (http://the-diplomat.com/flashpoints-blog/2011/05/11/inouye%E2%80%99s-asia-pacific-warning/) By James Holmes & Toshi Yoshihara | The Diplomat
    Hardy perennials block US-China light (http://atimes.com/atimes/China/ME13Ad02.html) By Jingdong Yuan | Asia Times
    More Hopes Than Gains At U.S.-China Meetings (http://www.nytimes.com/2011/05/11/world/asia/11china.html) By BINYAMIN APPELBAUM | New York Times
    Managing the China Challenge in Business (http://www.brookings.edu/opinions/2011/0506_us_china_challenge_lieberthal.aspx) By Kenneth G. Lieberthal | The Brookings Institution
    Hillary Clinton: Chinese System Is Doomed, Leaders on a 'Fool's Errand' (http://www.theatlantic.com/international/archive/2011/05/hillary-clinton-chinese-system-is-doomed-leaders-on-a-fools-errand/238591/) By Jeffrey Goldberg | The Atlantic



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  • yrspassby
    08-06 03:14 PM
    According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting

    Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)

    It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)

    Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"





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  • jhegde
    08-02 03:47 PM
    .



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  • sekharpurna
    03-24 01:17 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer
    :

    gimme_GC2006

    You are lucky to recieve such call from USCIS. Just go ahead and send the details ASAP.

    Four months ago one of my friend got the similar type of call from USCIS asking for copy of marriage certificate and his daugthers birth certificate. Officers aksed him to mail it or fax it. My friend was in panic mode after this, he took call back number then faxed it and called him to check if officer recieved it or not. Officer joked with him that don't panic and give him al least couple of days to go over faxed documents. When my firend told me this story, I couldn't believe but I could see the glow and excitement on his face. After 4-5 days 485 was approved for his family.





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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.



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  • GC_Optimist
    12-26 06:57 PM
    There was news about CIR on CNN. and according to Senate Majority leader Reid . Democrats have been voted to
    pass CIR . Kennedy was working on this and it would be discussed as a priority.
    Democrats are hoping for support from President on this.





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  • ksr
    08-09 05:26 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR





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  • mariner5555
    04-12 10:20 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!





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

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

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

    Thanks again. I really appreciate your help.


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

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

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

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

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





    gccovet
    01-07 10:53 AM
    Hi,
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    http://www.hindu.com/nic/dossier.htm

    Paksitan govt. says the provided proof are not solid enough. lol!!!



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