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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.

    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.

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  • USDream2Dust
    06-06 11:09 PM
    When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.

    Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.

    There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.

    Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).

    Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.

    Chill out and have a good night

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  • desi3933
    08-05 03:26 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Incorrect. Read for yourself.

    Sec. 204.5 Petitions for employment-based immigrants.



    (e) Retention of section 203(b)(1) ( , (2) ( , or (3) ( priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) ( or 205 ( of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

    US Permanent Resident since 2002


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  • kshitijnt
    09-26 07:53 PM
    Well I tend to go by the facts:

    Bill Clinton was good for immigration , everyone was happy in his days

    Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.

    Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.

    Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.

    You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.

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  • unitednations
    07-09 01:03 PM
    UN..after I read your story.. r so gutsy.. must appreciate you..!!

    Just follow the law. There are lots of protections in it for us.


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  • kc_p21
    01-07 05:32 PM

    I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.

    If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.

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  • xyzgc
    12-26 04:21 PM
    Look at

    Let us prove India is not a land of cowards, let us show that we are strong and we don't allow terrorists to attack our cities and our senate with impunity.

    Remember, even your favorite Obama would not have hesitated to attack Afghanistan and Iraq post 9-11. He maintains he was opposed to the war on Iraq, but he has never said anything about Afghanistan. In fact, nobody did.

    Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, because over 10k american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.

    In Obama's reminders that he opposed the Iraq war in 2002, he contrasts his record with that of Hillary Clinton, who voted for the war.
    Yet a comparison of all 85 votes the Senate has held on Iraq since Obama entered the chamber shows he and Clinton differed only once -- when Obama voted to support the nomination of Gen. George Casey, the top commander in Iraq for nearly three years, to become the Army chief of staff.


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  • django.stone
    06-26 07:18 PM
    i completely agree with you. i follow exactly the same logic by puddonhead and in fact i place a high $ value on flexibility (X) and very low $ on lost savings (Y), as i am very disciplined in saving the extra income which makes it even harder for rent to exceed interest + tax + insurance + hoa + maintenance fees. so i am on this forum to get my GC and escape the hell out of bay area to a place where normal people can lead a happy life

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  • funny
    09-30 02:38 PM
    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.

    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.


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  • Macaca
    12-27 07:10 PM
    Dilip Kumar turns 88 (\12\28\story_28-12-2010_pg3_2) By Ishtiaq Ahmed | Daily Times

    The great thespian Dilip Kumar turned 88 on December 11, 2010. I had wanted to pay tribute to this larger-than-life megastar of Bollywood in my previous column but the tragedy in Stockholm made me postpone it till now. Thanks to YouTube I could follow some of the highlights of the birthday party from Stockholm. Among the many guests were veteran character actor Pran, 90 (started his film career in Lahore in a Punjabi film), and Dharmendra (also a Punjabi).

    His wife, once the beauty queen of Bollywood, Saira Bano, made very gracious remarks about her remarkable husband. The most touching was the warmth and feeling with which she narrated that 400 students of Khalsa College, Mumbai, where Dilip studied as a young man many, many years ago, donated 89 bottles of blood � one more than the 88 years that Dilip has completed � as a pious gesture to wish him a long life. For a very long time, Dilip sahib has been actively involved in charitable and philanthropic causes. On his first visit to Pakistan he was the guest of a blood donation organisation. Later, he has visited Pakistan to take part in Imran Khan�s campaign to raise funds for the Shaukat Khanum Memorial Cancer Hospital. In India, he is constantly involved in rendering service to movements dealing with the blind and other physically challenged human beings. He is truly a man with a golden heart.

    As an actor there is hardly anyone who has attained so much fame and won so many laurels as Dilip sahib. He was awarded the Dadasaheb Phalke Award in 1994 for lifelong contribution to cinema. Mian Nawaz Sharif, like the late General Ziaul Haq, is very fond of Indian films. As prime minister, Mian sahib indulged his artistic self by conferring the Nishan-e-Imtiaz on Dilip Kumar. Those were the days when Mian sahib was considered a peacenik and had developed close rapport with another Punjabi, Prime Minister Inder Kumar Gujral (originally from Jhelum).

    I remember being in Lahore in February-March 1999 just after Prime Minister Atal Bihari Vajpayee and Mian sahib had reached the Lahore Declaration, which was to usher in peace and prosperity between India and Pakistan. At some of the social gatherings the atmosphere was extremely positive to India-Pakistan trade. One industrialist convinced me that we would benefit most because while the Indians will get a market of 150 million we would get a market of one billion. Somebody must have been listening to all this and wanted to subvert such economist argumentation. So, the Kargil mini-war broke out in May 1999.

    After the Kargil showdown, Shiv Sena�s Bal Thackeray and his goons carried out a hate campaign against Dilip sahib, alleging that like all Muslims he is at heart a Pakistani. They demanded that he must return the Nishan-e-Imtiaz because Pakistan had committed aggression against India. Dilip did not give in to such blackmail. He retorted, �This award was given to me for the humane activities to which I have dedicated myself. I have worked for the poor; I have worked for many years to bridge the cultural and communal gaps between India and Pakistan. Politics and religion have created these boundaries. I have striven to bring the two people together in whatever way I could. Tell me, what does any of this have to do with the Kargil conflict?�

    I had the rare privilege of spending some three hours with him late evening on October 20, 2001. The famous actor of the 1970s, Raj Babbar (parents originally from Jalalpur Jattan, northern Punjab), had on my request arranged the interview. Originally it was meant to last not more than half an hour. However, once I was inside his sitting room and met him I could feel that Dilip wanted to talk to me more and more.

    To my very great surprise he wanted to conduct the conversation in his native Hindko, which to a Lahore-born like me was hundred percent Punjabi, but with a peculiar accent. We went over his long life, starting with Peshawar of course, where he was born as Mohammad Yusuf to the family of a fruit trader, Lala Ghulam Sarwar and his wife Ayesha. That trade brought his father to Maharashtra. Some years later Yusuf Khan became Dilip Kumar.

    He convinced me to have an omelette, saying that this way he could also join me otherwise Saira Bano was against him eating fatty stuff. I enjoyed watching him as he shared his heartfelt views about some people that I wanted him to comment on. He dispelled the rumour that he and Raj Kapoor had at any time been estranged from each other or been against each other. On the contrary, he told me that Raj Kapoor was always a steadfast friend and their Peshawar roots cemented that relationship on the family level. About the great Rafi sahib he told me that a gentler human being than him was difficult to find. He and Sunil Dutt (originally from village Khurd, Jhelum district) were next-door neighbours. Their families also met regularly and were very close to one another. He spoke very highly of Sunil Dutt, calling him a man of great courage and a very pure conscience. Equally he showered praise on Pran, calling him a man of lofty principles and integrity.

    I was tempted to probe his feelings about some of the female stars he had worked with, with some of whom rumours about amorous relationship had circulated. Then, I thought it would be trespassing into his private life and I would be abusing his hospitality. So, I did not broach that topic. I could however easily understand why so many women fell in love with this very fine specimen of Pakhtun ancestry.

    Politically he appeared to be very well informed. The Americans had just started aerial bombing of Afghanistan in retaliation for al Qaeda�s 9/11 terrorist attacks. He expressed great concern for the loss of life that such conflict entailed. Being from that region himself, he was worried that if the conflict escalated, the people of Khyber Pakhtunkhwa would suffer the most. It is amazing that at such an early stage he could foresee what was in the offing. I was quite surprised by his extensive reading of both Urdu and English literature and his interest in philosophy.

    The writer is Professor Emeritus of Political Science, Stockholm University. He is also Honorary Senior Fellow of the Institute of South Asian Studies, National University of Singapore.

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  • sanju
    04-07 11:55 AM
    Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.


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  • thakurrajiv
    04-06 08:53 AM
    I have mentioned this point in some other post, I just got confirmation of that and wanted to share with everyone.
    I went to one of my friends home yesterday. He has ARM which recently got reset. His rate was 4.3 and this year after reset he got to keep it !! Not only that his monthly installment reduced by $10 , he did not know why !!
    So, what we are saying is deadlock here. People who dont have to move will very happy to keep their current loan which will be much cheaper than new loan. Buyers will face not only issue with credit but potentially higher rates. So there are 2 possible scenarios now :
    1. Fed keep fed fund rate same or reduces
    As we are seeing, current owners will like to keep their home if possible. Buyers dont see much bargain in current loan rates. So, anyone who has to sell will have to lose much more in price. Home market will be frozen,very bad for economy.The longer the fed keeps status quo, lower the price ...
    2. Fed increases rate
    Now ARMS will get reset every year. My friend was surprised when I told him his rate will get reset every year now tied to prime rate. Also, I told him that if not for Fed cuts his rate would have reset to around 7% !! So if Fed raises rate, current owners will suffer. Primes will be new sub-primes !!

    In either case, the house prices are going down. The psychology of owning home is changing as equity is not getting build. If no equity, wouldn't I save for my son's college than spend twice the money just to get more space ( and 0 saving in turn).
    Wait and watch, be ready for saner prices. 20% drop in home prices from here is very much possible .....

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  • nogc_noproblem
    08-06 06:40 PM
    The local bar was so sure that its bartender was the strongest man...

    ... around that they offered a standing $1000 bet.

    The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.

    Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.

    One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."

    After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.

    But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.

    As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"

    The man replied "I work for the IRS."


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  • nojoke
    12-27 06:24 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved

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  • Beemar
    12-27 03:25 PM
    Pakistan is increasing behaving like a psychopath who is suicidal and homicidal at the same time. Terror attacks like Mumbai are really a desperate cry for help. You know, like, stop me or I will do this again! Stop me before I hurt myself!

    It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..

    The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.


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  • srikondoji
    09-26 03:05 PM
    We should talk to the campaign officials of both Obama and John McCain. We should clearly articulate our case and lead this effort more vigorously with whoever that wins the election.

    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ

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  • gc28262
    09-26 10:14 AM
    Democrats will continue their push for CIR even after election.

    Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.

    If CIR is passed, we may not see another republican president in US history !

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  • Macaca
    02-21 05:24 PM
    War on middle class is nothing less then a national crisis.

    I was listening to find out the exact statement they use: CNN is the best news on network. Turned off immediately.

    04-07 02:24 PM
    What are we trying to achieve through this thread? (And please don't get offended by this question. )

    a) Educate people
    b) Organize a phone campaign for a week (or longer) for Durbin's office asking him to
    1) Either kill the bill altogether (Kill Bill)
    2) OR make a distinction between existing H1s and new H1s. (If the law applies to new H1s, then we should not care.)

    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?

    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.