Sunday, July 10, 2011

judgment day may 21st

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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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  • 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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  • 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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  • NKR
    08-06 03:12 PM
    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!


    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.



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  • nogc_noproblem
    08-06 02:12 PM
    A man spoke frantically into the phone: "She's pregnant, in labor and her contractions are only 2 minutes apart!!"

    "Is this her first child?" asked the Doctor.

    "NO, YOU IDIOT" the man shouted, "This is her husband!"





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  • sc3
    07-14 04:21 PM
    People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.


    I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.


    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.



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  • gjoe
    07-14 06:56 AM
    The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
    To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
    Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.





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  • ghost
    07-17 10:24 AM
    Also I forgot to say Randall, I think you really want to see no greencards to anyone. Are you a spy?

    What's wrong with you man, do your homework before spitting out such venemous statements.



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  • mariner5555
    04-25 02:45 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..





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  • sledge_hammer
    01-06 01:32 PM
    Let me first say that it saddens me deeply to see innocent civilians dying. I pray that the war ends so peace is restored on both sides.

    Now coming to your point - there is a BIG difference between what happened in Mumbai and what's happening now in Gaza! The Mumbai attacks were targeted towards civilians directly. Grenades were thrown and shots were fired at people in railway stations, hospitals and hotels. The situation in Gaza is different because war has been declared. And Israel is NOT targetting civilians on purpose. Sure, innocent citizens have been killed, but not a a result of direct and deliberated attacks against them.

    The declaration of war is a very important point to note. If Pakistan had declared war against India, and in the process if Indian civilians are killed in the crossfire, then I would not go about complaining the way you are now. If I didn't want implications of war, I would urge my govt. to accept defeat and thus save the lives of its citizens.

    Laws of War
    http://en.wikipedia.org/wiki/Law_of_war

    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?



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  • NKR
    03-25 02:13 PM
    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.





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  • validIV
    06-05 02:01 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.



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  • hopefulgc
    07-13 12:58 PM
    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. 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.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • HawaldarNaik
    12-26 07:14 PM
    I beleive enough is enough ( after saying no for years, i am now convinced), that the only way, i repeat, the only way to put an end to this is a Full Fledged WAR....otherwise they will keep on bleeding us like 26/11.
    We all know that they are nothing but a bunch of paper tigers and will go to any extent to harm India, but now the time is up with regards India's Patience.
    By not taking this step will make us sitting ducks for the next stage of attacks that will strike our cities.....
    If Indira Gandhi was alive (quoted by Priyanka Gandhi her grand daughter), she would have...taken decisive and clear cut action by now...and given a fitting reply.....
    The whole world is backing us and watching....Can India take action against all these atrocities happening for years now....or shall we just sit back and keep putting 'pressure' (which has been going on for a month now with no corrective action from the other side).
    Also no economic relations or cricket or entertainment relations (like a entertainment major did they cut off relations)......do not give an INCH.....boy oh boy....enough is enough.......after 26/11....i truly beleive so otherwise they will come up with more sinister plots....

    Even Mahatma said, if by being non violent the opponent feels you are a coward...then stand up....and give a fitting reply (something to that effect)



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  • alisa
    04-07 01:23 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.





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  • ncrtpMay2004
    08-05 10:57 AM
    I am reminded of the crab joke.
    Wish it was joke.

    :o



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  • paragpujara
    08-07 12:18 PM
    1.Losing all your friends

    Man comes home, finds his wife with his friend in bed.
    He shoots his friend and kills him.
    Wife says "If you behave like this, you will lose ALL your friends."

    2. Brother wanted

    A small boy wrote to Santa Claus,"send me a brother"....
    Santa wrote back, "SEND ME YOUR MOTHER"....

    3. Meaning of WIFE

    Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
    Wife replies, "No, it means 'With Idiot For Ever'!!!"

    4. Importance of a period

    Teacher: "Do you know the importance of a period?"
    Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."





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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.





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  • unitednations
    08-02 11:55 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    very good information. I just hope it isn't too late for people to put in the correct information into the forms.

    I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

    Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

    I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.


    Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.





    desi3933
    07-11 10:41 AM
    ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.





    fedex_uscis
    03-23 10:03 AM
    Buy home at 82,marry at 68.USCIS will never change, this Barack Obama will be stuck in name check.I am sure he will get stuck in FBI name check. AILA should apply GC for Barack and see where it goes?



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