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  • axp817
    03-26 05:50 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?

    I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.

    Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?

    sorry, I don't mean to drag this topic on forever.

    thanks,




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  • sanju
    05-17 10:08 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???




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  • learning01
    05-25 06:57 AM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.

    Please do not focus on what Lou Dobbs is saying. If you think this is something that may bring harm to our goals just ignore it. No reason to get rude. Everyone has a right to express his/her opinion. We are in America so we can speak freely.
    It is all fine. Whatever others do say there is a reason behind it. It is either to support or not to support whatevere is being discussed. Some are very good at chosing the words to blur their intentions. Be smart! Read and conclude. Reply without showing your emotions as those may use against us. This is as simple as that.

    regards




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  • pappu
    08-11 03:10 PM
    toung is made of BS
    on a lighter note--
    He has BS (you know what that is) Degree in economics from harvard.


    seriously--
    Looking at his career he is quite a star.

    Louis Earl[1] Dobbs (born September 24, 1945) is the anchor and managing editor of CNN's hour-long weeknight program Lou Dobbs Tonight, an editorial columnist, and host of a syndicated radio show.

    Dobbs was born in Childress, Texas, raised in Rupert, Idaho, and resides in Sussex County, New Jersey.[1] He attended Minico High School in Rupert, serving as student body president in 1963. He later earned a degree in economics from Harvard University. He is married with children.


    Career

    Dobbs joined CNN when it launched in 1980, serving as its chief economics correspondent and as host of the business news program CBS News Sunday Morning on CBS. Dobbs also served as a corporate executive for CNN, as its executive vice president and as a member of CNN News Chief Iran Correspondent’s executive committee. He also founded CNN News (CNN financial news), serving as its president and anchoring the program, Business Unusual, which examined business creativity and leadership. In 1999, Dobbs started Space.com, a Web-based multimedia company dedicated to space education and entertainment.

    Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from CNN News to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Reporting, which later became CNN News Sunday Morning. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and he is a regular columnist in Money magazine, U.S. News & World Report and the New York Daily News.


    Political positions

    In the 2000s, Dobbs has used CNN programs and columns to express strong personal views on several subjects. He has become particularly noted for two positions. Concerning international trade, he leans toward protectionism and is particularly wary of outsourcing and offshoring in light of the increasing US trade deficit, particularly with China. He also is opposed to a North American union.

    Dobbs is strongly opposed to illegal immigration, immigration amnesty, abuses of the H-1B visa program[3] and guest worker programs.[4] He supports stringent enforcement at U.S. borders, whether by federal or state action, or by private groups like the controversial Minuteman Project. Dobbs often has stated the United States is becoming balkanized and immigrants and/or illegal aliens are refusing to assimilate. He has been critical of their demonstrations of ethnic or national pride, stating, "I don't think that we should have any flag flying in this country except the flag of the United States", and "I don't think there should be a St. Patrick's Day. I don't care who you are. I think we ought to be celebrating what is common about this country, what we enjoy as similarities as people." He has been accused of inciting xenophobia by some such as Libertarian journalist James K. Glassman of the American Enterprise Institute[5].

    Lou Dobbs Tonight frequently features related issues under the ongoing billboards "Exporting America" and "Broken Borders". The newscast often couples references to illegal aliens with the word "invasion". Dobbs dismisses the allegedly excessive or misguided concern for language as "political correctness" in the segment billboarded "P.C. Nation".

    Dobbs' stance on trade has earned plaudits from some trade union activists, on the traditional political left, while his stance on immigration tends to appeal to the right. Dobbs is a self-described "lifelong Republican" [6] who has become disenchanted with the policies of George W. Bush's administration.

    In his "Broken Borders" segments Dobbs focuses primarily on the southern border with Mexico and the drugs and illegal aliens that cross it. Critics claim this is unfair because the 5000-mile border between Canada and the United States is longer and also permeable. On the other hand, proponents note the vast majority of illegal aliens and drugs pass into the United States via the Mexican border and that he has in fact had some segments dealing with the lack of security along the US-Canada border. As of the end of May 2006; some 829,109 illegal immigrants had been apprehended crossing from Mexico into the U.S.A. this year. Illegal Immigrants apprehended crossing from Canada to the U.S.A. are a tiny fraction of that amount -- 4,066. [7][8] Dobbs apparently also has lauded the Canadian government for cooperation in securing the border with their American counterparts.

    In June 2006, as the U.S. Senate debates the Federal Marriage Amendment, Dobbs was highly critical of the action. He asserted that so-called traditional marriage was threatened more by financial crises perpetuated by Bush administration economic policy than by gay marriage. [9]

    In July 2006, Dobbs criticized U.S. foreign policy as being disproportionately supportive of Israel, pointing out the U.S.'s rapid recognition of Israel in 1948, foreign aid to Israel, and other policy choices in the past and present. [10]


    Awards

    Dobbs has won numerous major awards for his television journalism, most notably a Lifetime Achievement Emmy Award, and a Cable Ace award. He received the George Foster Peabody Award for his coverage of the 1987 stock market crash. He also has received the Luminary Award of the Business Journalism Review in 1990, the Horatio Alger Association Award for Distinguished Americans in 1999 and the National Space Club Media Award in 2000. The Wall Street Journal has named Dobbs "TV's Premier Business News Anchorman". Dobbs even was named "Father of the Year" by the National Father's Day Committee in 1993.


    Associations

    Dobbs serves or has served on the boards of the Society of Professional Journalists Foundation, the Horatio Alger Association, the National Space Foundation and the Imaginova Corporation, formerly known as Space.com, in which he owns a minority stake, as he does in Integrity Bank. He is a member of the Planetary Society, the Overseas Press Club and the National Academy of Television Arts & Sciences.


    Books

    * Exporting America : Why Corporate Greed Is Shipping American Jobs Overseas (Warner Business Books, 2004) ISBN 0446577448
    * Space: The Next Business Frontier by Dobbs and HP Newquist (Atria, 2001) ISBN 0743423895



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  • xyzgc
    12-22 11:31 PM
    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm

    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.




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  • puddonhead
    06-05 01:32 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.



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  • akkakarla
    07-15 11:28 AM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    You cannot make a definite conclusion that everyone come through Body Shops and Stay on Bench etc. There are many who came to do Masters and got good jobs on H1B. Because of few rare incidents you cannot generalise that everyone do the same. We Indians(atleast the indians I know) never felt that way of American economy will go to hell blah blah if we are not there. Maybe you feel that way then it shows your arrogance. We need to be careful not to dig grave by ourselves by posting or quoting rare incidents because Immigration Opposing people frequently visit these forums and take them as "Quote: An Indian Posted like this on that forum"




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  • Macaca
    12-23 09:42 PM
    Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007

    No one is calling 2007 a banner year for the technology industry in the U.S. Congress.

    Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.

    "This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.

    Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.

    It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.

    Members of the tech community point to some success in Congress this year:

    Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.

    Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.

    The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.

    "Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.

    Some successes the tech community can point to, however, were partial victories:

    Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.

    Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.

    But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.

    The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.

    Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.

    But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.

    Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.

    In many other areas, Congress failed to act on legislation many tech groups called for:

    Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.

    Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.

    Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.

    Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.

    Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.

    Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."

    H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.

    Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."

    But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.

    Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.

    Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.

    Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.

    Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.

    Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.



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  • unitednations
    03-24 06:44 PM
    Thanks UnitedNations for this discussion.

    In the booming years of 99-00 you could see all these consulting companies having a ball. Personally I have seen people with no relevant skill set getting h1's approved in a totally unrelated job profile. I even have come across staffing companies who have hired recruiters as "business analyst's", now its highly unlikely that these companies could not find recruiters here. But the system was getting misused rampantly.
    I have had experience with companies who with collusion of someone inside a company
    "snagged" portion of revenue from a contract. It wasnt common for 3-4 companies to
    act as middleman's ("layers") the final employee who actually worked getting literally
    peanuts share of the contract amount. I think this still happens today from what I have heard from my friends.

    USCIS had to respond in someway or the other. I am happy that they did but on the other hand I feel sorry for their employees who are probably innocent "collateral damage" victims

    It makes me very uneasy as who knows what USCIS will come up with next. The longer our wait is there is a potential for more scrutiny and who knows what pitfall awaits us lurking somewhere where we least expect. Just because people misused the system we are all going to face the consequences.

    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.




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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.



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  • file485
    07-08 09:07 PM
    I have been here 11 years. 4 different employers.
    I have all my returns and W2's
    why in the world would i keep every paystub?
    makes no sense. of course little does.

    UN thanks for the comments.
    any predictions on where we are headed? my vested interest is in EB2 india...

    btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

    also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?


    paskal..

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..




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  • nogc_noproblem
    08-26 10:59 PM
    .



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  • rahulpaper
    03-24 06:29 PM
    We may be missing the issue by this infighting (which is not useful to anyone)

    I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.

    In my understanding following are the type of employees....

    a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).

    b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)

    c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).

    d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.

    I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...

    Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL

    My 2 cents...




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  • nogc_noproblem
    08-08 11:46 PM
    Good one!!!

    I thought the first blonde joke was really very funny - Helloooooooo :)



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.




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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.



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  • Macaca
    12-28 07:12 PM
    Blending the Rules as We Go Along (http://www.nytimes.com/2010/12/28/world/asia/28iht-currents28.html) By ANAND GIRIDHARADAS | New York Times

    I wanted it to be right after breakfast when I asked Priya to marry me. The other elements were still forming, but that one felt important: a proposal to know together a thousand moments as simple and whole as this moment on a quiet Sunday morning.

    I gave a prologue, then asked. She cried, then answered. A ring was worn. And, in less time than it takes to mow a lawn, we had rewritten our fates � our fate � forever. Done deal.

    Or so we thought.

    In the coming days, we were reminded of what it means to belong to a tribe of people that straddles multiple cultures and multiple degrees of technological involvement � and, as a consequence, holds a rich variety of opinions about an engagement. We received an education in the nuances of doing a very old thing in these new globalized, digitized times.

    The first hint of engagement Babel came in a phone call to Priya�s grandparents in New Delhi, minutes after the proposal. Joy filled their voices when they heard our news; blessings poured forth, punctuated by the colonial remnant �all the best, all the best.�

    Her Nana, though, could not let the conversation end without asking a question:

    �But, Priya, how exactly does one get engaged?�

    The bride-to-be said something about a question being asked and a ring being given, and that was that. What we didn�t appreciate then was that, in India, it doesn�t count as an engagement when two impressionable young people make a decision all by themselves.

    Calling India to say that you have gotten engaged, but without any family present, without any rites having occurred, is like claiming to have clapped with one hand.

    Thanksgiving time soon came, and the two of us went to Washington, where our six parents live. Two celebrations of our engagement were planned: a dinner at Priya�s mother and stepfather�s home, the other a tea at my parents� place.

    Our new family traces its roots to cow worshipers in Benares and cow slaughterers in South Dakota, to Chennai in south India, to a piece of the Punjab that is now in Pakistan, to Iowa, to New Jersey and to a hamlet called Blaxall in Britain. We count among us those who worship the multitudinous Hindu deities, the lone Christian one and no divinity at all. We are speakers of English, Hindi, Punjabi, Tamil, French and Spanish. Many of us bear the passport of a country in which we were not born.

    All of which is wonderful until you have to choose an engagement ritual.

    After some debate and soul-searching, we decided to invent our own rites. We lit candles. We held hands. We told stories. We traded gifts. We laughed. We ate.

    But, back in India, there was still some confusion. Priya�s grandparents, 10 and a half time zones ahead of us, were aching to hear our voices on the night of that first Washington celebration. My grandparents phoned several times during the tea at my parents� home four days later. The way they saw it, this was the engagement � this coming together of families at the home of a certified adult. The earlier thing, as they saw it, was more like a sweet gesture.

    So, two weeks after we got engaged by our own definition, my grandparents congratulated me for getting engaged. Priya�s Indian cousins BlackBerry-messaged her they were delighted to be able, at long last, to congratulate her � now that it was �official.� Other relatives wrote seeking pictures of our �engagement ceremony.� We tried to explain that we hadn�t had one. But in this definitional spat, we were clearly outnumbered.

    When, today, is an engagement valid in the eyes of the world? Is it, according to the Western contractual idea, when two people declare their commitment to each other in private? Or when love mingles with economics in the giving of a ring, the first step in a gradual entangling of fortunes? Is it when two families gather and drink and toast? Or when a certain traditional ritual is done � or, in our case, a new ritual?

    Or is it when you change your Facebook relationship status?

    We had been so consumed with family, and with the intricacies of the Indian and American rules of engagement, that we ignored our virtual tribe. We had called some friends on the phone immediately after it happened, and e-mailed some others. But then the celebrations of the nonvirtual world took off, and we were absorbed into that love and tumult, and our engagement went unrecorded by the digital sphere.

    Just when we thought we had satisfied every possible definition of engagement, marking it in ways suitable to ourselves, our parents and our extended clans, Priya�s stepsister brought up Facebook. Why hadn�t we updated our relationship status to proclaim the engagement? It was peculiar, this omission: The absence of a Facebook update could be read as the presence of something amiss. What were we trying to hide?

    Relationship statuses, like ideas, have derived their authority from different sources over the millenniums: A relationship could be valid if properly certified by the ancient rituals; or valid if faithful to the words of the holy texts; or valid if codified in a contract recognized by the correct governmental agency; and now, in 2010, valid if etched into one�s �Info� tab on Facebook.

    We promptly made things right. As it turns out, we were Facebook-engaged around the time that the site�s creator, Mark Zuckerberg, was named Time magazine�s Person of the Year. We made it �official� for the third time, our union ordained by this new minister of the universe.

    At last, the engagement is properly established before our American, Indian and virtual tribes � and, now, before the readers of this newspaper. The wedding looms, and with it another inevitable contest of definitions.

    I can already hear the question forming: �But how exactly does one get married?�




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  • snathan
    01-11 01:38 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.

    The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.




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  • satishku_2000
    05-16 02:56 PM
    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.




    mariner5555
    03-27 07:26 AM
    Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
    Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
    For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.
    > Hence I am waiting at least for a year. I will not do anything till next spring.
    Perfect ....exactly the same timeline for me too. I guess by that time GC picture and economy picture will be more clear too !!
    This is from CEO of Lennar builders
    ------------
    "Lower consumer confidence has quieted demand among prospective homebuyers and deterred them from a buying decision, while contraction in the lending markets has reduced the availability of credit for those prospective homebuyers that do wish to buy a home," CEO Stuart Miller said in a statement.

    Miller added that the glut of homes on the market continues to rise due to foreclosures and homeowners who have been forced to dump homes they can no longer afford.

    "The housing industry continues to be impacted by an unfavorable supply and demand relationship, which restricts the volume of new home sales and, concurrently, depresses home prices in most markets across the country," he said.
    --------------




    unitednations
    03-26 04:45 PM
    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

    The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).

    Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.

    Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.

    Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.



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