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  • vghc
    01-07 02:54 PM
    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?

    Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.





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  • rockstart
    07-15 08:26 AM
    The letter is trying to say either of two things from heart

    1) Employer / DOL/ Lawyers cheated us by filing us under EB3 even though the job posting was well qualified for Eb2.

    2) Employer / DOL/ Lawyers were Naive so ended up filing us under EB3 even though the job posting was well qualified for Eb2.

    So now CIS can compensate us since we are waiting in line for so many years. In old times when the system was so inefficient and now you have cheated us by improving the system and people have sneaked past us? All this might be true but when you are presenting a legal case these things do not stand a chance of being accepted.

    The right way will be to remove all references to Eb2 accept the fact that you consented to be in Eb3 so you should take all the pro's and con's associated with it. After that we can all write letters to CIS and all others under guidance of IV higlighting the endless waits and how visa recapture will help this mess. Dont make comparisons with Eb2 to justify your case because it isnt right and if you feel it is right then why just Eb2 why not EB1 after all they get GC in 1-2 years flat.

    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.





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  • inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)





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  • satishku_2000
    05-16 11:28 PM
    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do � Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define �replacing some American workers�. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn�t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say � from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.



    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.



    Stop bickering in the name of American people. More than 99% Americans don�t even know what is H-1B visa or employment based green card. And one more thing, people�s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? � around 70%
    Do you know the % of �American people� saying that they screwed up by supporting the war in 2002? � 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let�s keep this argument of �American People� out of this debate.



    In free market and capitalist economy, the measure of productivity doesn�t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. And if that is how it works best for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situation but I am not scared of a scenario where someone who can perform a better job, either a citizen or on H-1B, takes my job. But that is ok, your way of thinking is all based on the premises that every one out there is after you and some how you have to eliminate this competition at the soonest.



    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris� underwear - to argue against H-1B and to come extent green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to �not waste my time with idiot like yourself�.
    Like you ass, you keep your views and your opinions with yourself. Don�t poke your ass and your views into a place where they don�t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you think very lowly about yourself. Thus you are scared of the competition
    2.) You are not capable enough or technically sound to compete with other around you. And just like IEEE-USA you are looking for ways to eliminate your future probable competition using words/phrases like �displacement of US workers�.



    I tried to explain this guy Senthil that I already proved in form of permanent labor certificate and I 140 petition that I am not displacing any american worker and why I have to prove the same fact for every renewal and he comes with a logic that GC is for future job and H1b is for current job. But you know what my GC application was filed very well in the past ...:) , I mean more than 3 years ago ...

    Somehow some people think they are better than every one else in the crowd and things dont go wrong for them because they have either a particular degree or work in a so called permanent Job .

    These guys are in more alignment with view of ALIPAC and Numbers USA where people think some elses loss is my gain. Having said that reasonable people disagree these guys are totally unreasonable or they are totally out of touch with reality .

    These guys love Mr Durbin so much who dont see any problem with illegal immigration at all ....I would call this height of hypocrosy.



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  • Madhuri
    05-16 08:27 PM
    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc.....
    I second that. I don't want to find myself in biggermess after all this is over.


    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...





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  • amulchandra
    04-07 12:34 AM
    onething I understand is that totally opposing this measure may create a wrong impression on IV because the people who introduced this bill are trying to stop some companies from exploiting the system. The best thing is to work towards introduction of some measures into this bill that will eliminate any hardship for the people who are already here as consultants (such as H1b transfers and extensions of people who are already here should be exempt).



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  • easygoer
    01-06 06:35 PM
    Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.

    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.





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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..



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  • copsmart
    09-26 07:49 PM
    I am a big supporter of Obama and I really want to see him as the next president, but this message about the EB issues are really shocking to me.

    Obama as promised will cut outsourcing and create more jobs here in US, which in turn will create more demand in the job market.
    Moreover, I strongly believe that Obama has mentioned the EB backlog issue in one of the debates. So, we can expect some good thinks from his government.

    I am not sure how much the Durbin guy is going to influence in any of his decisions?
    But in general, I think the country will be in a better shape if Obama is elected as a president.

    Let�s hope for the best.

    BTW, don�t you guys think the Left party support the EB immigration compared to Right? Zoe Lofgren for instance.





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  • NKR
    03-25 02:32 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.



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  • file485
    07-08 09:07 PM
    I have been here 11 years. 4 different employers.
    I have all my returns and W2's
    why in the world would i keep every paystub?
    makes no sense. of course little does.

    UN thanks for the comments.
    any predictions on where we are headed? my vested interest is in EB2 india...

    btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

    also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?


    paskal..

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..





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  • unitednations
    03-24 12:44 PM
    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

    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.



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  • axp817
    03-25 03:34 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D

    Good to see that you're still in high spirits.

    Hope everything goes well, good luck.





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  • paragpujara
    08-06 03:08 PM
    PEOPLE WONDER WHY THEY R PAID SO MUCH......FOR JUST BEING ON THE PHONE ------ TAKE A LOOK: last one is really good !!!!

    1). Tech Support: "I need you to right-click on the Open Desktop."
    Customer "Ok."
    Tech Support: "Did you get a pop-up menu?"
    Customer: "No."
    Tech Support: "Ok. Right click again. Do you see a pop-up menu?"
    Customer "No."
    Tech Support:: "Ok, sir. Can you tell me what you have done up until this point?"
    Customer: "Sure, you told me to write 'click' and I wrote 'click'."
    *****************************

    2) Customer: "I received the software update you sent, but I am still getting the same error message."
    Tech Support:: "Did you install the update?"
    Customer: "No. Oh, am I supposed to install it to get it to work?"
    ***********************
    3).Customer:: "I'm having trouble installing Microsoft Word."
    Tech Support:: "Tell me what you've done."
    Customer: "I typed 'A:SETUP'."!
    Tech Support:: "Ma'am, remove the disk and tell me what it says."
    Customer:: "It says '[PC manufacturer] Restore and Recovery disk'."
    Tech Support:: "Insert the MS Word setup disk."
    Customer:: "What?"
    Tech Support: "Did you buy MS word?"
    Customer: "No..."
    ****************************
    4).Customer:: "Do I need a computer to use your software?"
    Tech Support:: ?!%#$
    ********************************

    5).Tech Support:: "Ok, in the bottom left hand side of the screen, can you see the 'OK' button displayed?"
    Customer: "Wow. How can you see my screen from there ?"
    ******************************************
    6) Tech Support:: "What type of computer do you have?"
    Customer:: "A white one."
    *********************************
    7). Tech Support:: "Type 'A:' at the prompt."
    Customer:: "How do you spell that?"
    **********************************
    8). Tech Support:: "What operating system are you running?"
    Customer: "Pentium."
    ***************************************
    11).Customer: "How do I print my voicemail?"
    **************************
    12). Customer: "You've got to fix my computer. I urgently need to print document, but the computer won't boot properly."
    Tech Support: "What does it say?"
    Customer: "Something about an error and non-system disk."
    Tech Support: "Look at your machine. Is there a floppy inside?"
    Customer: "No, but there's a sticker saying there's an Intel inside."
    ***********************************
    14). Tech Support: "Just call us back if there's a problem. We're open 24 hours."
    Customer: "Is that Eastern time?"
    ********************************
    15). Tech Support:: "What does the screen say now?"
    Customer: "It says, 'Hit ENTER when ready'."
    Tech Support:: "Well?"
    Customer: "How do I know when it's ready?"
    *****************************
    16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
    Tech: What's the problem?
    User: There is smoke coming out of the power supply.
    Tech: You'll need a new power supply.
    User: No, I don't! I just need to change the startup files.
    Tech: Sir, the power supply is faulty. You'll need to replace it.
    User: No way! Someone told me that I just needed to
    change the startup and it will fix the problem! All I need is for you to tell me the command.
    ****
    10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
    Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
    command that will fix the problem.
    User: I knew it!
    Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
    Letme know how it goes.
    ****
    10 minutes later.
    User: It didn't work. The power supply is still smoking.
    Tech: Well, what version of DOS are you using?
    User: MS-DOS 6.22.
    Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.

    1 hour later.

    User: I need a new power supply.
    Tech: How did you come to that conclusion?
    User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
    Tech: Then what did he say?
    User: He told me that my power supply isn't compatible with NOSMOKE.



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  • Munna Bhai
    07-08 07:47 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    What made them to ask paystub for during 2000 and 2001?





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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D



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  • unitednations
    03-25 11:58 AM
    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 murthy.com

    "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."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.





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  • pappu
    08-05 09:13 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.
    Here is what happened.

    The lion got so fed up eating bananas everyday that he gathered lions from all other zoos and protested. He then used AC21 and went to a new zoo as a lion. All monkeys also interfiled and became lions.





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  • unitednations
    07-10 01:42 PM
    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.

    Thanks
    RR


    No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.

    Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.

    This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.

    Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.





    hopefulgc
    08-11 04:32 PM
    get outta town.. that hilarious:D

    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!





    Macaca
    05-09 05:49 PM
    Long-Prized Tech Visas Lose Cachet (http://online.wsj.com/article/SB10001424052748704810504576307342275841586.html) By MIRIAM JORDAN | Wall Street Journal

    A visa program designed to supply skilled foreign workers to companies in the U.S. has slowed sharply, attracting about 50% fewer petitions so far this year than last year, and 80% fewer than in 2009.

    Several factors have contributed to the decline in H-1B visas, including the lackluster pace of the U.S. recovery, more opportunities for skilled workers in their home nations and higher visa fees, which appear to have spurred Indian companies operating in the U.S. to seek fewer visas. Attacks on the program by congressional foes of U.S. immigration policies have also cast a shadow over it.

    U.S. Citizenship and Immigration Services told The Wall Street Journal this week that it received about 8,000 H-1B petitions from businesses in April, the first month the agency accepts them for the fiscal year beginning Oct. 1. That compares with 16,500 petitions in April 2010 and about 45,000 in April 2009, according to USCIS.

    "It's baffling that H-1Bs aren't picking up if the economy is stronger," said Steve Miller, a Seattle attorney who prepares petitions for employers in high tech, retail and other sectors.

    For years, the H-1B program was a mainstay for software companies, architecture firms and other businesses that seek foreign nationals to fill certain jobs. Demand for the visas by companies outstripped supply, and companies such as Microsoft Corp. lobbied the U.S. government to raise the cap on the number of visas.

    In 2008, employers snapped up all 65,000 visas allotted on the first day, April 1. But starting in 2009, after the financial crisis hit, the flow of applications has steadily diminished.

    The program, which enables foreigners to work in the U.S. for three to six years, was created as part of the Immigration and Nationality Act of 1990 to help U.S. companies overcome a shortage of workers in specialty occupations, such as computer programming. Recently, the program has been attacked by lawmakers who say it displaces American workers and depresses wages.

    Supporters and opponents made their cases at a congressional hearing held March 31, the day before the federal government began accepting H-1B applications.

    At the House Subcommittee on Immigration, a critic of the program, Ronil Hira, highlighted that Indian companies operating in the U.S., such as Infosys, Tata and Wipro, are among the biggest H-1B users, and that they're bringing in foreigners with ordinary skills.

    In an interview, Mr. Hira, a professor of public policy at Rochester Institute of Technology, said that "because of loopholes, employers can bring in cheaper foreign workers to substitute for American workers and undercut their wages."

    His research indicates only about a third of all H-1B visa holders are "really highly skilled or graduates of U.S. universities who would be eventually sponsored for green cards," or permanent U.S. residency, by their employers. Employers have said that the program enables them to tap top talent, whom they seek to hire permanently down the road.

    Supporters of the program, including high-tech firms and industry groups, say it attracts foreign talent that spawns innovation and creates jobs in the U.S. They cite former H-1B holders such as Vinod Khosla, co-founder of Sun Microsystems, and Vinod Dham, an engineer behind Intel Corp.'s Pentium chip, as proof of its value.

    Vivek Wadhwa, a visiting scholar at the University of California at Berkeley who studies immigrant entrepreneurs, said that an anti-immigrant climate had made it "a liability to hire H-1Bs," and that this will gradually chip away at U.S. global competitiveness, because the country has a dearth of homegrown engineers and scientists.

    Moreover, Mr. Wadhwa said that foreign nationals who obtain U.S. degrees were more likely than ever to return home. "Ten to 15 years ago, by default, you'd want to be in America, because you had more opportunities. Now, you can do much, much better at home," he said.

    In a survey of more than 250 Indian and Chinese entrepreneurs published last month, Mr. Wadhwa and co-researcher AnnaLee Saxenian, also of Berkeley, found that the majority of those who returned to their native countries believed they were faring better overall than they would have in the U.S.

    Nutan Kunduri, a software engineer who stayed in the U.S. on an H-1B visa after completing her studies, said she decided to accept a job offer in India less than a year into working in Silicon Valley.

    "Ten years back, I had this 'nothing will change in our country' attitude," she said. A recent visit to India made her realize that "for an IT professional like me, India is the place to be, with its booming tech industry."

    Abhinav Tripati, a software engineer with a U.S. company in Boston, also plans to return to India, where salaries are slightly lower but the cost of living is significantly cheaper. "I see my friends back home enjoying most of the comforts of Western life," he said, with the added bonus of being close to friends and aging parents. "We can't often bring our parents to the U.S., as it's getting difficult to obtain visas for them," he said.

    Some immigration attorneys believe companies are taking their time to file H-1B petitions because the 65,000 quota is unlikely to be exhausted soon. The cost and bureaucracy of applying is another deterrent. Last year, Congress passed a law that adds an additional fee of $2,000 for certain H-1B petitions that had cost $325. All told, lawyers' fees, filing fees and other expenses can reach $9,000 a applicant.

    "HR people are aware there's no rush on H-1Bs," said Julie Pearl, an immigration lawyer in San Francisco.