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  • akred
    04-09 12:06 AM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?

    Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.





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  • chanduv23
    04-08 07:18 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj

    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.





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  • unseenguy
    06-21 09:49 PM
    What do you mean by they will give you?

    The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

    Please do not post wrong information..

    i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.





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  • Rolling_Flood
    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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  • xyzgc
    12-28 03:48 PM
    While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.

    Why now is not the right time?

    Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.

    Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.

    Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.

    What will America do?

    US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.

    Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.

    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.

    For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.

    I hope the internal politics inside India dont come in the way of the above goal.

    Covert operations are also war. Read war as concrete steps to curb this terrorism. Terrorist camps may be moving targets, identify them using intelligence and eliminate them. India is already at war, the world is also at war with Terrorism. Its a global issue - at the very least your coworkers are going to be concerned about business trips to India, if this is not nipped in the bud.

    Here's a thought - India should start manufacturing and exporting armaments.
    We can also export some artillery to Pakistan and invest the profits wisely. That way defence budgets go down and the funds can be used for improving national security (e.g: junk the British Raj rifles Bombay police use, provide them better bullet-proof vests and helmets), humanitarian causes and so on.We can offer it at competitive prices so that Pakistan doesn't have to rely on the Chinese, the Russians and the Americans. And we don't rely on the Israelis and the Americans.
    India can be part of a profitable armament race and build a nation of defence contractors.
    It will also give a boost to allied manufacturing industries in India, generate employment, so that they can also contribute to India's GDP in a big way.





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  • arsh007
    01-27 10:50 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv



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  • Rolling_Flood
    08-05 09:45 PM
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!

    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes...

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB...

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead.

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...





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  • my2cents
    04-14 03:24 PM
    Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
    All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.

    Again, it may not be applicable to ur situation.

    in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
    Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.

    now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.

    If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .

    Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.

    Location..Location.. Location...is most important thing.
    worst hit market are ohio,michigan because Big 3 automakers are suffereing.

    more you stay in house ..7 , 10 or 15 years. Your equity build faster.

    Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.

    but again if i have to sell now ..then i am sure i will loose money because it will not sell.

    Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.

    My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.

    Media is the one who created the hype & and also they are paritally responsible for downturn.



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  • riva2005
    04-06 09:06 PM
    you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

    these protectionist will realize as many H1B dependent companies virtual outsource all there jobs

    well in all seriousness I don't think this bill will be passed in senate,

    This bill may not be introduced in its current form anywhere.

    But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.





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  • gimme_GC2006
    03-24 12:24 PM
    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.

    can you kindly enlighten me on what you exactly mean by "suspicious" original poster?

    Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn



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  • gomirage
    06-05 08:30 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    Well said.





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  • ohpdfeb2003
    06-27 11:11 AM
    hpandey,

    Excellent points!

    Hirala/puddonhead,

    You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.

    I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!

    EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!

    Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.

    Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:

    Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
    dont have mortgage you get a break.



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  • Dandruff
    03-25 11:58 AM
    Heres what we did, the key is to find a lot/ house that will sell ASAP:

    a) Paid a little bit premium for a quickly selling house - in our case we paid extra for a lakefront lot.

    b) Paid a little bit less on House itself (new construction - so we selected a less expensive floorplan)

    c) combined House + Lot is still in the lower end of the subdivision range.

    d) you should aim for the cheapest house in the most expensive community/ subdivision you can afford - on the other side, never buy the house which is more expensive than others around it ... u want other houses to increase ur value and not the other way around.

    e) keep good paperwork for regular pest / termite treatments etc. just like it helps in selling the car

    f) pay a bit extra for extra insulation - even upgrade insulation for garage door

    If we have to sell the house in a rush, we have atleast done everything one could ... rest is umm beyond our hands with all this unpredictability :)

    best of luck! nesting instincts need to be nurtured imho! and is very human ...





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  • gc_bucs
    05-31 05:28 PM
    Lou's opinioins are well known. He's ripped every one across the spectrum.
    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the crazy man's column here:

    The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)



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  • alisa
    01-01 10:46 AM
    Alisa,

    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.

    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?


    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.





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  • mariner5555
    04-13 12:17 AM
    agree with Jung.lee. if you are in california or florida ..it definitely makes sense to wait. MSN reported that lot of people are just walking away ..
    http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
    -------
    Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.

    "The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."

    The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
    Photo by Joseph A. Garcia

    Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.

    Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
    Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.

    She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.



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  • nojoke
    04-07 04:44 PM
    I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.

    The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.

    Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
    Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.

    No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.

    You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
    -----------------------------
    “Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”

    “Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”

    “Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”

    “Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”

    “‘I did buy at the height of the market, unfortunately,’ she said.”

    “Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”

    “‘It took six years to build everything up and six months to lose it,’ she said.”





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  • nixstor
    11-12 08:31 PM
    Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

    STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.

    TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.

    A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.

    Worker advocates say Congress is ready to sole a problem that doesn't exist.

    KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

    TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.

    DOBBS: No, it's just going in the opposite direction.

    You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.

    Thank you, Bill Tucker.


    Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.





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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





    alterego
    07-13 02:09 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?

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.





    ghost
    07-15 10:48 AM
    Then we say, if we go back the American economy will go to hell.

    The bottom line is every soul in this world wants to have a better living. We took an extra effort, to travel overseas and make a better living.

    All the countries, including US, want to prosper in the global economy. So they put in policies (like H-1B/GC) in place to meet their global needs. These temporary visa programs for legal immigrants are based on their present needs.

    For example, their current need for teachers and nurses. They are currently working to address these needs through temporary visa programs. What will happen if they decide not to address these needs through temporary visa programs? My guess is that they will be on a path of decline, economically.

    It is a two way street, if they close the road for H-1B/GC then we may weigh in other options, like going back home or going to other countries. But at the same time, US needs to address the need of math and science specialists (american citizens). Again, if they do not address this issue, they will be on a path of decline, economically.

    To put it in perspective, our group has 2 H-1B workers and 7 american citizens. BTW, we are overpaid:D according to DOL statistics. So we are not lowering their wages. Our group will not survive without the existence of the 2 H-1B workers. For reasons like, competition and skillset.

    So, do not ever think that they are doing us a favor by this H-1B/GC program. We need each other and that's how the world works.



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