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  • unitednations
    03-24 02:50 AM
    Just some other info for people.

    One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.

    Somehow one of the anti immigrant groups was able to get on the e-mail list.

    Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.

    Now; who knows whether person passed on the e-mail to depatment of labor, uscis.





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  • nogc_noproblem
    08-06 11:53 AM
    A man went into the proctologist's office for his first exam.

    The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.

    A tube of K-Y jelly; A rubber glove; and A beer.

    When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"

    At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......

    Dam it Helen! I said a BUTT LIGHT





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  • GCScrewed
    07-13 08:29 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!

    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.





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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.



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  • Macaca
    02-18 01:11 PM
    Mickey Goes to Washington (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/13/AR2008021302837.html) Lobbyists for America's richest mouse set out to persuade Congress to scare up $200 million to promote U.S. tourist destinations By Jeffrey H. Birnbaum | WP, Feb 17





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  • go_guy123
    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.



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  • sledge_hammer
    03-24 02:44 PM
    Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.

    I kind of mixed the H-1B requirement and GC requirement.

    But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job





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  • thomachan72
    07-08 09:00 AM
    Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.



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  • sunny1000
    03-27 05:39 PM
    ok..My docs have been received by AO.

    Here is the email I got back today




    I hope everything goes smooth...still waiting :o

    good luck with your processing.;)





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  • TomPlate
    01-06 04:55 PM
    Religion is to be in peace. But people developed different thoughts other then peace using religion. Every religion beat each other, that is really sad.

    I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.



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  • Rolling_Flood
    08-05 08:22 AM
    A person's skills don't decide EB2/3........the JOB REQUIREMENTS do........how many times does someone have to repeat this till you finally get it??

    And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.

    Thanks.


    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....





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  • sledge_hammer
    06-05 11:12 AM
    Reading the article I take it that the writer is only concerned about the profitability of buying a house in the current situation. He's not of the opinion that buying a house is bad investment, ever! But a good investor does not try to time the market; it is, in my opinion, even if you tried, an art and not a science. So now maybe the best time to buy actually!

    But I have also seen many ignorant, anti-capitalist, anti-government, conspiracy theorist freaks out there, blogging from their basement, and writing articles suggesting that the government is somehow brain washing the public into buy a house so that they'll become the government’s slaves for the rest of their lives. These guys have actually never ever made any real money. They come up with short sighted calculations to prove that renting for life is better than owning a home. In my opinion no one should be listening to these people. I have yet to hear from a successful investor, or a businessman, or anyone that has what you may call reasonable wealth, saying that real estate is bad in the long run. I would take these people's advice any day because they have the money to show for their sound investment strategies, one of them being investment in a house, or a piece of real estate.

    We as immigrants who are not sure of where we'll be in the next 5 years may want to consider the fact before investing in a house. But anyone else that has no such worries would be foolish not to buy a house thinking it is a doomed investment.



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  • hopefulgc
    08-07 12:59 PM
    All monkeys also interfiled and became lions


    hilarious!





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  • GCapplicant
    07-14 05:21 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.



    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.



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  • Macaca
    12-28 06:29 PM
    China's Sudan Predicament (http://www.huffingtonpost.com/joe-lauria/chinas-sudan-predicament_b_801655.html) By Joe Lauria | Huffington Post

    The age of ideology in China may soon be ending. Caught between its longstanding opposition to independence movements worldwide and its expanding economic interests, Beijing finds itself remarkably choosing to court a separatist government in south Sudan.

    The south is scheduled to vote on January 9 on independence from Khartoum after 43 years of civil war that left more than 2 million people dead. The referendum is still uncertain amid fears of a new war. But if the vote goes ahead, the south is overwhelmingly expected to break the continent's biggest nation in two.

    China has long had substantial investments in all of Sudan, the most of any foreign country. It has a 40% stake in the oil industry and 60% of Sudan's oil is exported to China. To protect those interests Beijing has supported Khartoum in the U.N. Security Council over separatist movements in Darfur and, until recently, in the south.

    That was consistent with China's opposition at the U.N. to separatist movements elsewhere in the world, such as in Kosovo and East Timor. The aim has been to give no encouragement to Taiwan and its own restive minorities in Tibet and Xinjiang. Those independence movements are watching what China does abroad. Taiwan, notably, was among the first countries to recognize Kosovo.

    Until early this year, China steadfastly opposed southern independence in Sudan too. But China saw the writing on the wall in Juba and was faced with a choice: either risk emboldening its domestic independence movements or its oil investments in the south, where 80% of the country's petroleum is found.

    "Khartoum had insisted that they alone were the interlocutor on oil for a long time and the Chinese respected that," said Fabienne Hara, an Africa specialist at the Brussels-based International Crisis Group. Khartoum awarded China's four oil concessions. But by 2007 the south Sudanese realized they needed China if they were to become independent and the Chinese realized they might soon need an independent south Sudan too, if the oil went with it. "It is pragmatism. I don't think anyone believes that the referendum process can be stopped," Hara said.

    China opened a consulate in Juba, the south's capital, a normally unusual move for Beijing in a place that wants to break away. Chinese Communist Party officials routinely visit the south. Southern leader Salva Kiir has twice visited China.

    But Beijing must walk a fine line between courting the south and not alienating the north. It still has major business there, including arms sales and infrastructure projects. Li Baodong, China's U.N. ambassador, told me that Beijing is clearly trying to stay on good terms with both sides.

    "We respect the sovereignty and territorial integrity of this country, any argument amongst themselves, that's their internal affairs and we are not getting into it," Li said. "Whatever the choice the people make, we will respect that."

    Oil revenue is currently shared 50-50 between north and south under the 2005 peace deal that set up the referendum. It is pumped from the south through the north in a 1,000-mile Chinese-financed pipeline to a Chinese-built refinery in Port Sudan on the Red Sea, where it is shipped.

    How to share this oil in an independent south Sudan is still one of the trickiest questions the two sides, under the mediation of Thabo Mbeki, are trying to work out. Other issues under discussion are the border, sharing water and what to do with Abeyi. Sudanese President Omar al-Bashir warned of war if these issues aren't worked out by Jan. 9.

    The south would likely enrage Khartoum if it were to find a way to get the oil out bypassing the north altogether. With Chinese help, this may one day happen.

    Kenyan officials have been studying a pipeline and refinery project from south Sudan to the port of Lamu on the Indian Ocean coast. The Kenyan Transport Ministry has sought bids for the project. According to China Daily, Kenyan President Mwai Kibaki and Chinese President Hu Jintao discussed China's commitment to build the $16 billion project last May in Shanghai. China is conducting a feasibility study, according to Kenyan media.

    I asked Ali Karti, the Sudanese foreign minister, about how his government would react to such a project. "We have our own oil," he said, adding, "That project will never be built."

    Adopting a Western business mentality, in which profit and economic growth are often the only tenets, has launched China into a head-on collision with some of its traditional policies, said Dru Gladney, an expert on Chinese minorities at Pomona College in California.

    China has always portrayed itself as a leader of developing countries, but its own rapid development has changed its relationship with the developing world, he said. "Encouraging a so-called separatist movement is one that is going to complicate that position very much," he said.

    "It is a delicate issue for China. It is a very important development that China is seriously considering going against its 50-year long policy of non-intervention," Gladney told me.

    China has apparently calculated that it can suppress its own separatists while courting separatists in Sudan, he said. "Chinese separatists are going to recognize that China first and foremost is very pragmatic, that its development and national self-interest is clearly taking precedence over ideology in China today."

    "They may take some encouragement from it, but I don't think they really will take it that China is changing its position on separatism, especially within China," Gladney said.

    He expects Beijing to crack down on separatists at home while making deals with them abroad. "It's whichever cat catches mice and in this case the cat that supports a separatist, Christian group will catch more mice for China," Gladney said.





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  • thatwillbeit
    10-03 12:36 PM
    Excellent post dtekkedil

    You reiterate exactly what I have in my mind



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  • SunnySurya
    08-05 03:10 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.





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  • Macaca
    12-27 07:04 PM
    2010: India's undeclared year of Africa (http://www.thehindu.com/opinion/op-ed/article995759.ece) By RAJIV BHATIA | The Hindu

    An objective evaluation of changing contours of our engagement with Africa, especially in light of significant developments in 2010, might interest Africa watchers and others.

    Conceptual richness and consistency appear to characterise recent interactions, although their impact may still take a while to be felt tangibly.

    Backdrop

    If the period from our Independence to the end of the 1980s was marked by India's close involvement with Africa in political affairs, peacekeeping, training, culture and education, the 1990s turned out to be a lost decade. That was the time when policy makers were busy trying to re-adapt India's foreign policy to the post-Cold War world. Subsequently, the Africans' unhappiness with their neglect by India, China's rapidly growing profile on the continent, and the enhanced dynamism of India Inc. combined to initiate a renewal of India-Africa relations. The Government's three initiatives, namely the ‘Focus Africa Programme' under Exim policy for 2002-07, the ‘Techno-Economic Approach for Africa and India Movement' or TEAM-9 programme, launched in 2004 to upgrade economic relations with West Africa, and the Pan-African e-Network started in 2007, helped in sending the signal that India had not vacated space in Africa for others.

    In this backdrop, the India-Africa Forum Summit (IAFS) in 2008 represented a veritable high point, showcasing a new, vibrant India as well as its reinvigorated Africa policy. The following year was a relative disappointment. But, developments during 2010 seem to have put India's engagement with Africa on a fast track.

    Highlights

    India played host to at least eight high-level African dignitaries, one each from the Seychelles, Ghana, South Africa, Botswana, Mozambique, Kenya, Malawi and Ethiopia. Visits by presidents, prime ministers and other VIPs throughout the year demonstrated that Africa was keen to expand political and development cooperation with India. Armando Guebuza, President of Mozambique, endorsed India's approach towards Africa, expressing readiness “to raise the (bilateral relationship) to a strategic partnership.” Hailemariam Desalegn, Deputy Prime Minister and Foreign Minister of Ethiopia, chose to accord high importance to economic issues. Following a productive meeting of the joint commission, the two sides decided, “to infuse the close political relationship with greater economic content.” The visit by South African President Jacob Zuma helped in re-defining the bilateral agenda and re-launching the joint CEOs Forum.

    Happily, Indian leaders found time to visit Africa in 2010. Vice-President Hamid Ansari's three-country tour covering Zambia, Malawi and Botswana was a notable success. Given his credentials, he was able to evoke old memories of deep political and emotional affinity as well as highlight mutuality of interests and the need for expansion of economic cooperation, thus lending a contemporary character to age-old ties. That he backed it with the announcement of credits and grants (for the three countries) amounting to about $200 million, in addition to credit lines valued at $60 million that were operational prior to the visit, showed India's new strength. This was on display again as the Government agreed to arrange major lines of credits for others: $705 million for Ethiopia for sugar and power sector development and $500 million for Mozambique for infrastructure, agriculture and energy projects.

    The decision by the IAFS to set aside $5.4 billion for lines of credit and $500 million for human resource development during a five-year period means that now nearly $1 billion a year is available for cooperation with Africa. Utilising India's new financial muscle, an ambitious expansion of training programmes for the benefit of Africans is being attempted at present.

    External Affairs Minister S.M. Krishna got a direct feel of issues and personalities on his visit to the Seychelles, Mauritius and Mozambique. As these are all Indian Ocean countries, the strategic dimension of cooperation, especially relating to piracy, terrorism and changing foreign maritime presence, received considerable attention during his discussions. Later the minister, talking to a group of African journalists visiting India, emphasised that our relationship with Africa had “transformed”, with the two sides becoming “development partners looking out for each other's interests and well-being.”

    Commerce and Industry Minister Anand Sharma undertook visits to South Africa, Nigeria, Ghana and Kenya. He was instrumental in facilitating and moulding business-to-business dialogues in all the countries visited, with the help of organisations such as the Confederation of Indian Industry (CII) and the Federation of Indian Chambers of Commerce and Industry (FICCI). For business level exchanges, however, the most significant event in the year was CII-Exim Bank Conclave, held in Delhi in March. About 1,000 delegates attended it, half of whom were from various African countries.

    Bilateral trade

    Bilateral India-Africa trade, which stood at about $1 billion in 2001, has now reached the $40 billion mark. It is an encouraging growth. Figures about India's investments in Africa are confusing, but by taking an average of the figures of cumulative investments released by the Reserve Bank, the CII and the United Nations Development Programme (UNDP), one could place a value of $50 billion on them.

    Three other highlights need to be mentioned here. First, India hosted a meeting of top officials of Africa's Regional Economic Communities (RECs). A first of its kind, the meeting was attended by six of the eight RECs, namely Common Market for Eastern and Southern Africa (COMESA), East African Community (EAC), Economic Community of West African States (ECOWAS), Southern African Development Community (SADC), Community of Sahel-Saharan States (CEN-SAD) and United Nations Association/Arab Maghreb Union (UNA/AMU). It gave them the opportunity to interact with numerous Ministries and business enterprises. Coverage of areas viz stock exchanges, small industry, food processing, infrastructure, IT and telecommunications was quite wide. The visitors expressed “gratitude” to India for the initiative “to recognise the regional dimension of Africa's development.”

    Second, top officials of the Ministry of External Affairs (MEA) undertook visits to Kampala and Addis Ababa in order to carry forward India's dialogue with the African Union (AU) for nurturing ties at the continental level. On the sidelines of its 15th Summit in Kampala in July, Jean Ping, Chairman of the African Union Commission (AUC), expressed immense satisfaction at the model of engagement created by India, adding that it was “the most unique and preferred of Africa's partnerships.” In plain language, he seemed to confirm the view that among many suitors of Africa, both old and new, the two most active are China and India. Ping was also happy with “the determined pace at which implementation (of IAFS decisions) has been undertaken.” However, this might have been more credible had the two sides announced, by now, the venue and timing of the second IAFS.

    Third, a boost to our Africa diplomacy came with the announcement of the Hermes Prize for Innovation 2010 for India's Pan-African e-Network project. The prize was given by the European Institute of Creative Strategies and Innovation, a prestigious think tank. It called the project as “the most ambitious programme of distance education and tele-medicine in Africa ever undertaken.”\

    A few tips

    While moving determinedly to strengthen relations with Africa, the Government needs to do more. African diplomats still speak of the deficit in India's political visibility. Therefore, our President and Prime Minister should find time to visit Africa in 2011. More visits by Mr. Krishna would be helpful. Implementation of the first IAFS decisions, though improving, needs to be speeded up. India Inc. should be more active. In preparing for the second IAFS, South Block should draw from outside expertise. The civil society's potential to strengthen people-to-people relations should be tapped optimally. By according higher attention to Africa, the media could serve as a valuable bridge of mutual understanding.

    Finally, India should declare and celebrate 2011 as its Africa Year.

    The author is former High Commissioner to South Africa, Lesotho and Kenya

    More for Asia:
    Rebalancing World Oil and Gas (http://www.chathamhouse.org.uk/files/18066_1210pr_mitchell.pdf)
    By John Mitchell | Chatham House
    What is Beijing willing to do to secure oil and gas supplies? (http://search.japantimes.co.jp/cgi-bin/eo20101227mr.html) By Michael Richardson | Japan Times





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  • gjoe
    08-06 07:50 AM
    We will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
    If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.





    LostInGCProcess
    08-05 02:59 PM
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D





    Macaca
    03-06 09:01 PM
    Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
    Damaris Del Valle
    H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
    Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
    I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)