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  • nk2006
    09-30 03:38 PM
    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.

    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.





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  • eb2_mumbai
    07-14 11:22 AM
    If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.





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  • validIV
    06-25 02:37 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.





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  • Macaca
    02-24 07:33 PM
    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.



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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.





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  • Refugee_New
    01-06 02:27 PM
    Refugee_New,

    It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.

    It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.

    People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.

    My sympathies are with poor innocent kids of palestine got killed.

    But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.

    It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?

    Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.



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  • soni7007
    08-06 02:42 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.

    I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.


    So you mean to say that an EB3 cannot acquire superior skills over a period of time?.


    Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�





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  • swarnapuri
    02-21 02:41 PM
    Guys don't click the link or read the article(IT IS FULL OF BS). It will only make his article to move to the most popular article list.



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  • Beemar
    12-26 11:31 PM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?


    BUNCH OF IDIOTS WAKE UP. PAKISTAN IS A NUCLEAR STATE.
    WAR IS NO SOLUTION TO ANY PROBLEM.





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  • Refugee_New
    01-06 01:05 PM
    Got a red with following comment
    "hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
    I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.

    I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.

    But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.

    If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?



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  • chanduv23
    05-17 07:13 AM
    Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.

    Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
    A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.

    I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.

    Open yourself up and come out of your narrow minded approach, you will see a different world.

    One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.





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  • SunnySurya
    12-22 09:53 PM
    Shuyaib saheb ASAK and welcome to 21st century.
    And by the way thanks for enlightening us on the hindu scriptures, these are news to us.

    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?



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  • gcisadawg
    12-27 12:04 AM
    Don't you think Pakistan already knows that?

    Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Do you mean to say that the state and the government of Pakistan did this?

    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.





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  • nixstor
    08-10 10:45 PM
    Yewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.

    I dont understand why USCIS has to release data to a random attorney guy.
    Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?



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  • titanicman
    12-18 11:05 PM
    thank you marphad for starting this topic, a creative discussion should go on.
    we have lot of threads for immigration, this topic shows various opinions from differnt people. once agian congarts marphad for this thread.





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  • alisa
    12-27 12:50 AM
    We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
    Thanks for your honesty.
    There was an entire non-state machinery that was built to fight the Soviets and to fight India. But the problem is, you can't dismantle it instantly.
    And this machinery is now fighting against the government in Pakistan. Remember Benazir's assassination this time last year? Do you recall the multiple assassination attempts on Musharraf? And officers of the army were behind those.

    So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.

    The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.



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  • desi485
    08-05 08:06 PM
    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.

    I am sure he doesn't have a mirror, only a desire to get GC and at any cost. He is using weird arguments to reach his goal and keeping others out of EB2. In way, he is cheating himself too.

    He should pay attention to real issues like per country quota, retrogression and so on.





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  • Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.





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  • axp817
    03-26 05:52 PM
    Does this mean that H1B is also location specific?

    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.





    alisa
    01-04 01:22 AM
    I think it's now a moot point with you playing obtuse( genuinely or otherwise)
    Also I'm tempted to respectfully ask you to go through your posts rather than ask me how your are doing circles...
    Check this one out...this is what you have been going on about....

    proof for Kayani's involvement->How the entire episode could be Indian media's hype ->how the expectation to shed the inertia build up in Pak being a bit much->attributing the entire thing to hostile relationship btwn the 2 countries->How pakitanis think it's Taiban that's involved->Supposed Indian involvement in Pakistan destablization->non-state actors->How Masood and others should be rounded up->Etradition treaty uncertainity->screwing Dawood as he is past->Bihari thieves-> How Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why. 9/11->state->roaches->Paki state govt->don't know what else.

    It looks like you concede a point to keep peddling anything/new things into the already complicated scenario. If you don't agree then please do what you find suitable.I don't want to be contributing into this frivolously logical loop any more than what I've already done.

    Thank you.
    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.





    paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

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

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

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


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...



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