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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.





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  • satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?


    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...


    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.





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  • apt29
    08-05 03:14 PM
    The whole notion of EB2/EB3 was introduced before bigtime arrival of IT industry. In IT, the difference in job requriements between the EB2 and EB3 are thin and vague. Hence the confusion. It is possible that some EB3 folks applied, so there was risk of denial at that time(1998-2003) even with BS+5 years experience and IT industry is just catching up. So a lot folks, who waited to applied later (2004-) went for EB2.





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  • cinqsit
    03-26 03:52 PM
    UnitedNations

    What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

    Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

    Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO



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  • meridiani.planum
    07-13 12:26 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)





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  • khelanphelan
    05-24 12:11 PM
    Did the brownback amendment pass with the CIR?



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  • krishna.ahd
    01-06 04:10 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
    If you dont know the reality , then

    I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??

    BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).





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  • jkays94
    05-24 02:31 PM
    I don't have the time to go one by one, but one of the arguments about "Zogby poll taken by anti-immigration" groups is at minimum comic. How about other polls posted along the years which show the obvious and logic, which is the American people (not employers of course) support lower immigration numbers ? Anyone surprised by that ?


    There are over 50 different instances referencing Lou Dobbs. He misleads and misdirects and he will flip flop when he is caught between a rock and a hard place on his wild claims. CNN by extension is fast establishing itself as an anti-immigrant media house for purposes of ratings, on which is it fast loosing ground. Their latest hire Glenn Beck (http://mediamatters.org/items/200605100005) only shows that promoting such an agenda seems to save CNN's ratings from plunging to the bottom :

    MON., MAY 22, 2006 VIEWERS

    FNC O'REILLY 2,105,000
    FNC HANNITY/COLMES 1,666,000
    FNC GRETA 1,494,000
    FNC HUME 1,341,000
    FNC SHEP SMITH 1,215,000
    CNN KING 885,000
    CNN DOBBS 702,000
    CNN BLITZER 592,000
    CNN COOPER 590,000
    CNN ZAHN 527,000
    CNNHN GRACE 487,000
    MSNBC HARDBALL 471,000
    MSNBC OLBERMANN 406,000



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  • redcard
    03-23 12:07 PM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.


    Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.

    Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)





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  • chintu25
    08-28 09:36 AM
    Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:

    O: All your responses must be oral, OK?
    A: OK
    O: What school did you go to?
    A: Oral.
    After a short explaination, the conversation continued:
    O: What is your date of birth?
    A: July fifteenth.
    O: What year?
    A: Every year

    :D



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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.





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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters



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  • NKR
    08-06 08:55 AM
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.





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  • pitha
    10-06 01:57 PM
    Fareed Zakaria has a program called GPS on CNN. Last week he went to singapore and interviewed a security\economic analyst from india, singapore and China. The analyst said something which was 100% acurate and something very semilar to what is happenning on this forum, He said India in its heart wants Obama to win but thinking with its head (logically) they want Mccain to win. He said Obama would be a disaster to India. He went on to read a laundry list of things in which Obama would be bad for India and one of the things that he cited would be bad for India under Obama was EB immigration for Indians and Chinese. Even analysts from India, China and singapore recognize what a disaster Obama would be for Eb immigrants and we here are still hoping for a obama win. Anyway, You and I (EB imigrants) hoping will not make any difference but atleast wake up to the impending disaster in the form of Obama\Durbin and start planning for it.

    I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.

    Source: http://www.rediff.com/news/2008/oct/03ndeal.htm



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

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

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

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

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

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





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  • Macaca
    03-19 01:20 PM
    New Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007

    The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.

    The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."

    "I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.

    "For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."

    But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.

    But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.

    "However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."

    (Last Thursday, the Appropriations Committee approved the bill without the language.)



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  • smisachu
    12-28 08:22 PM
    As I have said in my post, the pak civilian govt is not at fault; at least now. The terrorists have over run Pakistan and on a long term basis it is not only bad for India but for Pakistan itself. I am pretty sure you realize it now.

    The techonology needed to deliver and set off a nuke is not something that could be purchased and used out of the box, Pak does not have the full capability even according to paks own accounts. Now let us neglect this point, it will be highly unlikely that Pak will use a nuke even if it could. The consiquences of nuking in the modren world is dire and no one in Pak or India have the balls to do something like that. Pak depends on US funding heavily and it cannot afford to cut off such a source by using nukes.

    Finally- my question to you is why dosent Pak simply kill all these crazy SOB's and hand over the terrorists to India so they can hang them. We all know where these guys are so let's not pretend that Pak is "searching" for them. So instead of defending terrorism I really want see Pakistanis stand up and tell their government to either fry the damn terrorists or be fryed!! You are feeling the pinch of supporting religious fanatics now, this is the time to clense your self socially.


    Since more than a few hours have past since this thread was started, I can think that we can sleep in peace knowing that there won't be a war.

    Having said that, I am startled at the number of Indians who seem to be sold on the idea that war is the answer. I went over to an Indian friend of mine and was shocked at the type of coverage. It seemed so much like the US media before the Iraq invasion.

    Exactly what will India accomplish by squandering away the economic clout it has gathered? Yes India is a regional power and probably an emerging global power. Yes, in a long drawn out conflict, Indian will probably win. Happy now? But at what price? PLEASE, Indian is no US and Pakistan in no Iraq.



    What I need to know is that what %age of Indian population believes this and the whole "Chinese-made" nuke crap? Is it being spewed out on TV by arm-chair generals and defense analyst? This will explain why everyone is sold on the whole War idea. And this after the debacle that US finds itself in Iraq and Afghanistan?

    Does anyone understand the concept of a nuclear doctrine? I have been out of it for a while and I don't think that Pakistan has published its nuclear doctrine but it has been speculated upon. The general consensus is that, at least initially, Pakistan will use the nukes on its own territory. Both as a means to inflict casualties on advancing Indian troops and as a means of area denial as neither army is equipped to fight large scale battles in a NBC (Nuclear, Biological, Chemical) theater. Forget Pakistan but do you have any idea what the fallout do to the fertile agricultural land in India? And this is not even considering that the Pakistani leadership may decide to go down in a blaze of glory and launch strategic strikes against major population centers.

    War is no answer and should not (and probably will not) happen.

    Disclaimer: I am a Pakistani. While I am in IT, at one point in time I was considering a career in Strategic Studies and was serious enough that I started applying at various colleges. Had to drop the idea as I could not secure funding.





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  • sweet23guyin
    08-05 11:51 AM
    There are burning issues like recapture of un used visas which has little momentum after a lot of lobbying....remember this is just to implement the existing law.
    Now you are talking about not allowing EB3 folks to EB2. Come on...the process is not a child play. There is a reasons why this whole process is in place....





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  • pointlesswait
    01-06 01:28 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..


    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?





    krishna.ahd
    01-06 04:10 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
    If you dont know the reality , then

    I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??

    BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).





    rockstart
    07-15 08:04 AM
    Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"



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