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  • waitnwatch
    05-24 12:03 PM

    I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.

    While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.

    Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.

    My two cents!

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  • bazuka6
    07-13 02:15 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...

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  • i_have_a_dream
    08-09 04:33 PM
    UN, thanks for the time you spend giving us your educated advice.

    I would greatly appreciate a response on my situation.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.

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  • abracadabra102
    07-14 08:47 PM
    Oh there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR) you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..


    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"


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  • DSJ
    05-16 12:14 PM
    You should see working them after banning consulting company or body shopping, they will be worst than consulting company. Everybody is here to make money no one will be spared.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

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  • Hitech-coolie
    07-09 01:47 AM
    Hi Guys

    I am new to this forum and portal too.
    Do INS ask about previous salary stubs for i-485?
    Do they check all the paystubs till the time you subitted your application?
    Please educate me on this.



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  • mrajatish
    04-09 11:42 AM
    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.

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  • alterego
    04-07 06:24 PM
    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.

    Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?

    The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).

    In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.


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  • seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.

    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.

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  • learning01
    05-17 12:39 PM
    we could not prevent your postings. Lou Dobbs is fould mouth. Please answer my direct questions:
    Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
    So, leave Lou and other foul moths alone. Don't dance with them.

    We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.

    Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.

    Why are members on this forum so


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  • hiralal
    06-23 11:30 PM
    good point by suavesundeep...the problem for many desis / Immigrants is that they fall prey to all the marketing gimmicks and tricks by realtors (for e.g ..renting is throwing money away reality it is not because of the flexibility esp for those on visa and the fact that you get a place to live at affordable price you can invest the remainder and get higher returns )..also, many lose sight of the fact that land is precious and pricey in India and the reason for that is the huge demand from young population and relative boom in economy ..while in US, supply is HUGE and demand is low is an example ..people (and mostly desis) in Atlanta keep on saying that Atlanta is not affected, the prices never increased much, no bubble etc ..but see this small report and you will understand that supply is huge. 40 years supply !!!
    ATLANTA -- A one-mile stretch of Atlanta's upscale Buckhead neighborhood shows why commercial real estate is emerging as an obstacle to pulling the U.S. economy out of recession.

    Separate developers in Buckhead are building four speculative office buildings at the same time with virtually no leasing activity. The 35 recent condominium projects will help give Atlanta a 40-year supply at the current sales pace. A $600 million outdoor shopping mall under way has suspended construction to save money.

    The glut threatens to worsen the clobbering that many U.S. banks already are getting from nonperforming loans made to owners and developers

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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.


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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).

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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers


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  • grupak
    07-13 01:40 PM
    If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

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  • gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.

    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?



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  • Sunx_2004
    07-10 02:53 PM
    Just follow the law. There are lots of protections in it for us.

    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.

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  • hopefulgc
    08-05 11:23 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno

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  • alisa
    01-04 05:35 PM
    No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again.
    Then you would probably be right, that this is the active policy of Pakistan, and I would probably be wrong, that these are non-state actors that are the remnants of the past.

    02-21 03:41 PM
    An Avg. American gives an Damn to this 1/2 ton Polar Bear. When the Former CNN President Kicked this Polar Bear out of CNN in 2000, he Started advising the Fortune 100 Companies to Outsource Jobs to cut Costs in his new Job Profile and now he calls them Benedict Arnold.What a sick Mind he has!!

    12-19 10:48 AM
    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..

    redcard well said! If our politician had 10% of your courage we could have been in a better position. There is one question every muslim should ask thenselves 'Why everwhere in world they have fight with all different religion's people?' They have to change their understanding about Islam.

    The most important thing the educated muslims should try to stop propoaganda journalism run by muslim reporters because of them most of the muslims do not know the true facts and indulge in unnecessary hatred. These propagandas have created biggest disservice to Islam.

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