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jonty_11
08-02 12:07 PM
Possibly.

However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

Examples:

You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
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Legal
08-08 02:22 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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ArkBird
01-10 03:36 AM
man, what r u talking about?!!!
Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

And your source is RASHID KHALIDI!

I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

Partition of Palestine was done as per United Nations General Assembly Resolution 181

Stop smoking pot!
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Ramba
08-05 01:50 PM
Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
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dohko
04-09 01:46 PM
You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
because they actually hire Americans.


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

I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
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krishnam70
08-14 11:32 AM
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

There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
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krishna.ahd
12-26 03:31 PM
A full fledged war between India and Pakistan is very very unlikely.
Look at stratfor.com
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unitednations
03-25 03:13 PM
Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.

I hate to say it but that is what collateral damage is...

I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.

Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.
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munnu77
08-07 04:37 PM
Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

So the mother sent the 8 year old first, in the
morning, with the older boy to see the preacher in the afternoon.

The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

So the preacher repeated the question in an even sterner tone, "Where is God?!"

Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

"Where is God?!"

The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

When his older brother found him in the closet, he asked, "What happened?"

The younger brother, gasping for breath, replied, "We are in BIG trouble this time.

.........................

("I just LOVE reading next line again and again")

...............................

...............................

.........................

..................

..............

.....

..

..

..
.
GOD is missing, and they think we did it!!!!!!!!!!!!!!
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singhsa3
10-01 05:10 PM
God knows what in store for us. Nothing except our determination is in our favor.
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Macaca
06-20 02:11 PM
Learning From Microsoft's Error, Google Builds a Lobbying Engine (http://www.washingtonpost.com/wp-dyn/content/article/2007/06/19/AR2007061902058.html) By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/) Washington Post Staff Writer, June 20, 2007

When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.

Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.

Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.

Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.

"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."

In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.

Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.

"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."

Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.

To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.

Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.

Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.

"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.

Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.

But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.

Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.

To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.

Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).

Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).

The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.

As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
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BMS
07-10 02:19 PM
After going through this post
I checked my I 94 last entered in 2006 it has different number than other I 94
I am working with only one company since 2004
They wrote company name src number correct on I 94
but number is not same as the one on I 797 bottom totally different

should i get it corrected ? How
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lskreddy
12-28 02:03 AM
What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years

The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).

It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.

All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.
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unitednations
03-24 07:56 PM
http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
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pappu
04-09 02:42 PM
Let us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.
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Beemar
12-29 12:01 AM
Sorry everybody. The war did not break out as I was anticipating. I thought Indian leaders have developed some spine. I should have known better.

India is no Israel. Israel launched a war on Gaza in retaliation for some rocket attacks which killed, well, zero Israelis. They at least know what the most effective defense is, its called offense.
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nojoke
04-16 12:03 PM
hi NKR,
if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
from what I have read builders are big contributors to congress ..

I have debated this with myself. I don't know if this is practical. How many of us are there who wants to buy a house? 500K at the most? For the first 3 months alone, this year, there are 500K foreclosures. I know every bit helps. But the problem is not that there are not people to buy. The price is too high. We probably can influence the local realtors. Just go to them and then back off saying that you are uncomfortable buying without green card. If a lot of us does that, the message will go up and maybe they will talk to law makers. Realtors are desperate...
I don't know how we execute this.
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sanju
12-17 04:05 PM
Since everyone is posting what they want, I guess I can also just post anything here....



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xyzgc
12-31 12:55 PM
For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

Internal security needs great improvements but even there our administration is not taking many active steps.

Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
China has surpassed everyone, India has created a place but Pakis are far behind.
But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.
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transpass
03-26 07:01 PM
Does this mean that H1B is also location specific?

As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...
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Macaca
02-27 07:18 PM
Democrats Should Read Kipling (http://www.nytimes.com/2008/02/18/opinion/18kristol.html?ref=opinion) By WILLIAM KRISTOL | NYT, Feb 18

Browsing through a used-book store Friday � in the Milwaukee airport, of all places � I came across a 1981 paperback collection of George Orwell�s essays. That�s how I happened to reread his 1942 essay on Rudyard Kipling. Given Orwell�s perpetual ability to elucidate, one shouldn�t be surprised that its argument would shed light� or so it seems to me � on contemporary American politics.

Orwell offers a highly qualified appreciation of the then (and still) politically incorrect Kipling. He insists that one must admit that Kipling is �morally insensitive and aesthetically disgusting.� Still, he says, Kipling �survives while the refined people who have sniggered at him seem to wear so badly.� One reason for this is that Kipling �identified himself with the ruling power and not with the opposition.�

�In a gifted writer,� Orwell remarks, �this seems to us strange and even disgusting, but it did have the advantage of giving Kipling a certain grip on reality.� Kipling �at least tried to imagine what action and responsibility are like.� For, Orwell explains, �The ruling power is always faced with the question, �In such and such circumstances, what would you do?�, whereas the opposition is not obliged to take responsibility or make any real decisions.� Furthermore, �where it is a permanent and pensioned opposition, as in England, the quality of its thought deteriorates accordingly.�

If I may vulgarize the implications of Orwell�s argument a bit: substitute Republicans for Kipling and Democrats for the opposition, and you have a good synopsis of the current state of American politics.

Having controlled the executive branch for 28 of the last 40 years, Republicans tend to think of themselves as the governing party � with some of the arrogance and narrowness that implies, but also with a sense of real-world responsibility. Many Democrats, on the other hand, no longer even try to imagine what action and responsibility are like. They do, however, enjoy the support of many refined people who snigger at the sometimes inept and ungraceful ways of the Republicans. (And, if I may say so, the quality of thought of the Democrats� academic and media supporters � a permanent and, as it were, pensioned opposition � seems to me to have deteriorated as Orwell would have predicted.)

The Democrats won control of Congress in November 2006, thanks in large part to President Bush�s failures in Iraq. Then they spent the next year seeking to ensure that he couldn�t turn those failures around. Democrats were �against� the war and the surge. That was the sum and substance of their policy. They refused to acknowledge changing facts on the ground, or to debate the real consequences of withdrawal and defeat. It was, they apparently thought, the Bush administration, not America, that would lose. The 2007 Congressional Democrats showed what it means to be an opposition party that takes no responsibility for the consequences of the choices involved in governing.

So it continues in 2008. The director of the Central Intelligence Agency, Gen. Michael Hayden, the director of national intelligence, the retired Vice Admiral Mike McConnell, and the attorney general, the former federal judge Michael Mukasey, are highly respected and nonpolitical officials with little in the way of partisanship or ideology in their backgrounds. They have all testified, under oath, that in their judgments, certain legal arrangements regarding surveillance abilities are important to our national security.

Not all Democrats have refused to listen. In the Senate, Jay Rockefeller, chairman of the Intelligence Committee, took seriously the job of updating the Foreign Intelligence Surveillance Act in light of technological changes and court decisions. His committee produced an impressive report, and, by a vote of 13 to 2, sent legislation to the floor that would have preserved the government�s ability to listen to foreign phone calls and read foreign e-mail that passed through switching points in the United States. The full Senate passed the legislation easily � with a majority of Democrats voting against, and Senators Obama and Clinton indicating their opposition from the campaign trail.

But the Democratic House leadership balked � particularly at the notion of protecting from lawsuits companies that had cooperated with the government in surveillance efforts after Sept. 11. Director McConnell repeatedly explained that such private-sector cooperation is critical to antiterror efforts, in surveillance and other areas, and that it requires the assurance of immunity. �Your country is at risk if we can�t get the private sector to help us, and that is atrophying all the time,� he said. But for the House Democrats, sticking it to the phone companies � and to the Bush administration � seemed to outweigh erring on the side of safety in defending the country.

To govern is to choose, a Democrat of an earlier generation, John F. Kennedy, famously remarked. Is this generation of Democrats capable of governing?


An Old Hand Goads Democrats to Get Tough on Ethics (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002831.html?hpid=sec-politics) By Mary Ann Akers And Paul Kane | WP, Feb 21
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