desijackass
04-09 11:31 AM
Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??
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coloniel60
08-15 03:26 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
Yeah right! We should start a poll to see how many believe this.
Yeah right! We should start a poll to see how many believe this.
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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coolpal
06-01 12:03 PM
so does this bill include EB folks or not?
I assume it does.. or this thread won't be so upbeat ;)
I assume it does.. or this thread won't be so upbeat ;)
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hindu_king
06-01 09:21 AM
When is this going for voting?
gc28262
03-11 10:45 PM
You are acting paranoid. Let me know what you expect as a reaction to the requirements asked by Consulate-
1. Would you be happy if I say it is not legal for consulate to ask for such documentation?
2. Do you want me to call them names?
3. Would it be better for me to state that they are racially motivated and discriminating against Indians?
4. They should cancel all documentation requirements?
Anyways....I earn 64k per year and I want to take benefit of the mortagage crisis and buy a 900k home. I want the banks to continue with their past practice of providing cheap loans with no down-payment and not a lot of documentation. Would that be a valid demand?
Fellow legal immigrant..what do you think would be result of ICE raids which finds some fraud (I said some not to indicate that it happens in majority cases...it could be less than 1% of all the genuine cases). As software engineers what do we do when we find defects during testing or post production stage? Do we fix it or we try allow it continue?
I dont know what response you are trying to solicit?
All the folks who came here ..in early 19th century didnot have to deals to employment based and family based immgration...hell they just landed and assumed citizenship...but does it mean that we use that as an example as seek citizen ship today? No....rules, laws change over-time..and amendments happen to make it better for the buyer's end.
Are you so powerful to make all these changes ? You don't have to do so many things for me. Just get me a GC. I won't ask for anything else from you.
Take it easy.
1. Would you be happy if I say it is not legal for consulate to ask for such documentation?
2. Do you want me to call them names?
3. Would it be better for me to state that they are racially motivated and discriminating against Indians?
4. They should cancel all documentation requirements?
Anyways....I earn 64k per year and I want to take benefit of the mortagage crisis and buy a 900k home. I want the banks to continue with their past practice of providing cheap loans with no down-payment and not a lot of documentation. Would that be a valid demand?
Fellow legal immigrant..what do you think would be result of ICE raids which finds some fraud (I said some not to indicate that it happens in majority cases...it could be less than 1% of all the genuine cases). As software engineers what do we do when we find defects during testing or post production stage? Do we fix it or we try allow it continue?
I dont know what response you are trying to solicit?
All the folks who came here ..in early 19th century didnot have to deals to employment based and family based immgration...hell they just landed and assumed citizenship...but does it mean that we use that as an example as seek citizen ship today? No....rules, laws change over-time..and amendments happen to make it better for the buyer's end.
Are you so powerful to make all these changes ? You don't have to do so many things for me. Just get me a GC. I won't ask for anything else from you.
Take it easy.
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pasupuleti
03-13 03:26 PM
I know there is quite a rush at this place during weekdays/weekends. I was wondering if anyone has kept our poster there? Otherwise i will try there.
Also if you know them personally let us know..
Also if you know them personally let us know..
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mihird
09-14 11:04 PM
hm... So why are you here, in Immigrationvoice ???
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
more...
GCSOON-Ihope
09-14 03:52 PM
Here are a few reasons why I want to get the gc:
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
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qualified_trash
12-13 06:01 PM
nixstor,
if you have seen my other posts on this subject, you would not have said what you did. I am an IT consultant, and, have in the past received multiple offers for labor sub, but, not taken it as I am comfortable with what I am doing.
I have also personally known people who used labor sub in companies that are listed on the NASDAQ and are involved in Software development (not one of the mom and pop consulting companies)
All I was doing by playing the devil's advocate is trying to deflect the heat of the person who started this thread. I will repeat myself once again. I understand that as a practice it borders on being unfair. However, if it is being used by someone legally, to better their own life, we should not come out and attack them.
Now to answer your question - "Would you do it? If yes why and if no why not". Would I do it? Yes I would if I got an offer from a great company with a well defined career path, good salary and stock and benefits etc.
Would I do it to go from one consulting company to other by paying someone money for it? NEVER. I hope this answers your question.
you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
it does us no good judging people who we do not know which is what you did with your above statement. I hope better sense will prevail in the future.
if you have seen my other posts on this subject, you would not have said what you did. I am an IT consultant, and, have in the past received multiple offers for labor sub, but, not taken it as I am comfortable with what I am doing.
I have also personally known people who used labor sub in companies that are listed on the NASDAQ and are involved in Software development (not one of the mom and pop consulting companies)
All I was doing by playing the devil's advocate is trying to deflect the heat of the person who started this thread. I will repeat myself once again. I understand that as a practice it borders on being unfair. However, if it is being used by someone legally, to better their own life, we should not come out and attack them.
Now to answer your question - "Would you do it? If yes why and if no why not". Would I do it? Yes I would if I got an offer from a great company with a well defined career path, good salary and stock and benefits etc.
Would I do it to go from one consulting company to other by paying someone money for it? NEVER. I hope this answers your question.
you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
it does us no good judging people who we do not know which is what you did with your above statement. I hope better sense will prevail in the future.
more...
chanduv23
03-26 01:58 PM
What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?
Hmmm EVL could be their spouse's? EVL?
Hmmm EVL could be their spouse's? EVL?
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jethro11
04-20 02:41 PM
Solaris27,
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
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kishorek111
10-28 02:08 AM
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing. And never compare these two countries and never try to change the mind set of a whole generation, for business needs India have a unique culture, with lot of diversity. Still there is lot of poor familes (below the poverty line) in India, education has not reached the rural areas of India yet.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. Glamour is in people's mind set, seeing movies and reading somebody else's writing. Still USA is far far better in living and social activities than in India.
you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. Glamour is in people's mind set, seeing movies and reading somebody else's writing. Still USA is far far better in living and social activities than in India.
you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
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plassey
08-01 10:49 PM
If you have a company's blank letter head and genuine salary slips then every thing goes...
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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venky08
01-05 11:34 PM
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a dessert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
This thread is giving good tips for members who are single...!!!!:)
Reminds me of quote..
"In life learn from others mistakes....U don't get time to make those mistakes.."
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a dessert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
This thread is giving good tips for members who are single...!!!!:)
Reminds me of quote..
"In life learn from others mistakes....U don't get time to make those mistakes.."
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nixstor
12-13 04:34 PM
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
more...
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mzafar125
01-31 08:57 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001864.html?sub=AR
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badlucky
05-14 06:23 PM
hmm, i think munnabhai did the right thing.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
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shantanup
11-19 05:51 PM
You are absolutely right that
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
vkrishn
11-21 10:32 PM
Hello all,
I am in San jose and infact i have been to Zoe Lofgren's office to check on my case status. Please PM me if i can be of any help.
I am in San jose and infact i have been to Zoe Lofgren's office to check on my case status. Please PM me if i can be of any help.
gk_2000
07-28 08:08 PM
Guys
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)