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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.





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  • pmb76
    01-10 03:12 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D





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  • dealsnet
    01-10 12:55 PM
    Muslims did all ethnic clensing inall over the world. Because of that people run away from their lands. Israel people driven out by Roman empire after these muslims. They come back and retake their land. Why crying foul ?.
    700 people died in palastine after sending rocket terrorism.
    But in recent history
    1. In 19th century turkey massecred 2 million Armanian christians. Armanians are still christians. They did resist conversion. They rather die for the faith. Some dispersed all over the world. You can find Armanian people in India.
    2. Ottoman empire (turkey)killled all in constantanople, half of the country consist of Today's turkey and killed population of 100% christians. (YOU CAN SEE THESE HISTORY IN CHANNEL 13).
    3. Same kind of killing conversion in Persia (Iran) and parsis, fled to India. (TATA , Feroz Gandhi are parsis).
    4. Same happem in Iraq and people from there come ti India. chrisians come to Kerala are called knaya (chaldians, jews bagdadis) and others in Mangalore in Karnataka. They settled in koorg. They are called koorgis. Field marshall Manakshe is a koorgi.
    5. They did same in spain, Bosnia, and many parts of europe. But they cannot do all over the europe. Poland and others join together to fight them out later and kicked out of spain and most part of europe. So they did a good thing to cut the cancer.
    So crusade is a good war to prevent the cancer. One more crusade is needed to eliminate the disease.
    If Britain not controlled India and Killed the murderer Tippu sultan and others, India will have 100% muslim population by threat and killing. So we need to thank Britain for that. Any way they are better than these barbarians. At least they did some development and made road and start schools.

    In Isreal, the palestine population is increased. They make 10 children each for the family like they do in India to increase the population.

    Egyptians like bfadlia have grudge against Israel is they suffered defeat from them in all wars. Like India did to pakistan. Egypt is a prominent country in middle east in 1960's. So to make their status as a defender and protector of all muslims like a status of Turkey planned to attack ISRAEL. Their stupid president announced they are going to wipe out Israel. Israel know their plan and within 30 minutes, they bomb all egypt's airforce base and destroy all fighter planes. So they have only smoke to fire. So they are defeated the war without a fight. It last less than one week. Israel get more land. So these Arabs are like injured their ego. Finally Egypt come out to sign peace treaty with Israel to live happy after that. This moral story not liked other stupid Arabs. Egyptians only vent anger by speaking like this guy. Now they do not do anything to harm their standing with Israel.


    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html



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  • akgind
    08-05 04:01 PM
    "...We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more."

    Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.

    Rollong_Flood, you are misleading the entire IV community.





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  • unitednations
    08-02 12:03 PM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.



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  • LostInGCProcess
    09-29 12:36 PM
    After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.

    Cheers.:)





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  • xyzgc
    01-03 05:02 PM
    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.


    I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.

    Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.

    Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
    Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...

    Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.



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  • supreet
    06-07 04:52 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.





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  • alisa
    01-10 11:22 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.

    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.



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  • go_guy123
    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.





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  • NKR
    10-03 04:09 PM
    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB.

    Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen



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  • 485Mbe4001
    08-06 01:41 PM
    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).





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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!



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  • nojoke
    04-21 03:43 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.

    The Dallas Morning News. �The housing downturn is hitting almost every neighborhood in the Dallas area. Even affluent close-in residential areas that had previously avoided declines, including the Park Cities and North Dallas, are seeing falling prices and significant drops in home sales.�

    �And sales of high-end homes no matter where they are � until recently a bright spot � are sliding, too. Economists and other experts blame a large inventory of recently built speculative homes, higher interest rates for large mortgages and sellers who have not lowered unrealistically high prices.�

    ��We are definitely seeing a deterioration in sales across price ranges,� said D�Ann Petersen, business economist with the Federal Reserve Bank of Dallas. �The high end did hold up quite well until recently.��

    �Preowned home sales dropped 25 percent in the Park Cities. And prices were down 1 percent from a year ago � the first such decline in more than five years, according to North Texas Real Estate Information Systems.�

    �In North Dallas, sales in the first quarter were down a staggering 40 percent. Prices were also off by 1 percent from a year ago. Median home sales prices dropped by 4 percent in Far North Dallas, and sales in that area fell by 26 percent.�

    �Sales prices fell in almost two dozen of the 46 residential districts The Dallas Morning News tracks each quarter.�

    �Even the most blue chip neighborhoods are having some problems. �I talked with a leading appraiser who said he was working on 16 or 17 foreclosures in Preston Hollow � they were all builders,� said longtime Dallas residential agent David Nichols. He said there are �plenty of buyers out there,� but with so much to look at, they are taking longer to decide on a house.�

    �Sales of $1 million-plus homes fell by 19 percent in the first quarter in North Texas. The sharp decline follows several years of double-digit gains at the top of the local market. Sales of homes priced between $600,000 and $1 million fell by between 20 and 38 percent in the first three months of 2008 compared with the same period last year.�

    ��People who have a lot of money and are looking to buy the very expensive properties aren�t stupid with their money � they don�t like paying the higher cost and may be waiting for the market to respond,� Mr. Gaines said.�

    �Veteran Dallas appraiser D.W. Skelton isn�t surprised to hear that the first-quarter preowned home sales statistics look a bit bleak. �We�ve seen it for a while,� he said. �The numbers are not as optimistic as some would lead you to believe.��

    ��Most of it is the result of builders running up values in some neighborhoods and now they have come down,� Mr. Skelton said. �It�s more a problem of price point � no matter what the location. They need to come off those prices. Their expectations were unrealistic because our market was so robust for so long.��

    �All the publicity about so-called rescue plans to help troubled homeowners isn�t having an impact so far on Dallas-Fort Worth foreclosures. The number of homes facing foreclosure in the area next month is up almost 40 percent from a year ago.�


    �Mr. Roddy said the number of D-FW foreclosure postings is the second-highest on record. �Back in February, we were over 5,000,� he said. �But the percentage gain this year is unbelievable when you consider that last year was unbelievable.��

    �Almost 43,000 homes were posted for foreclosure here in 2007 � a record and up 10 percent from 2006. The number of home foreclosure postings has risen by 24 percent from the first five months of 2007.�

    �He said he doesn�t expect to see much change in home foreclosures over the next 18 to 24 months.�





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  • sc3
    07-13 04:10 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.



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  • pitha
    09-26 09:46 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.




    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.





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  • asanghi
    08-11 01:45 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

    Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
    Let us launch an facts based attack campaign agains Lou and ruin his career.





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  • panky72
    08-07 09:56 PM
    BLONDE LOGIC

    Two blondes living in Oklahoma were sitting on a bench talking, and one blonde says to the other, 'Which do you think is farther away... Florida or the moon?' The other blonde turns and says 'Helloooooooooo, can you see Florida ?????'

    SPEEDING TICKET

    A police officer stops a blonde for speeding and asks her very nicely if he could see her license.She replied in a huff, 'I wish you guys would get your act together. Just yesterday you take away my license and then today you expect me to show it to you!'

    RIVER WALK

    There's this blonde out for a walk. She comes to a river and sees another blonde on the opposite bank. 'Yoo-hoo!' she shouts, 'How can I get to the other side?' The second blonde looks up the river then down the river and shouts back, 'You ARE on the other side.'

    AT THE DOCTOR'S OFFICE

    A gorgeous young redhead goes into the doctor's office and said that her body hurt wherever she touched it. 'Impossible!' says the doctor. 'Show me.' The redhead took her finger, pushed on her left shoulder and screamed, then she pushed her elbow and screamed even more. She pushed her knee and screamed; likewise she pushed her ankle and screamed. Everywhere she touched made her scream. The doctor said, 'You're not really a redhead, are you? 'Well, no' she said, 'I'm actually a blonde.' 'I thought so,' the doctor said. 'Your finger is broken.'

    KNITTING

    A highway patrolman pulled alongside a speeding car on the freeway. Glancing at the car, he was astounded to see that the blonde behind the wheel was knitting! Realizing that she was oblivious to his flashing lights and siren, the trooper cranked down his window, turned on his bullhorn and yelled, 'PULL OVER!' 'NO!' the blonde yelled back, 'IT'S A SCARF!'

    BLONDE ON THE SUN

    A Russian, an American, and a Blonde were talking one day. The Russian said, 'We were the first in space!' The American said, 'We were the first on the moon!' The Blonde said, 'So what? We're going to be the first on the sun!' The Russian and the American looked at each other and shook their heads. 'You can't land on the sun, you idiot! You'll burn up!' said the Russian. To which the Blonde replied, 'We're not stupid, you know. We're going at night!'

    FINALLY, THE BLONDE JOKE TO END ALL BLONDE JOKES!

    A girl was visiting her blonde friend, who had acquired two new dogs, and asked her what their names were. The blonde responded by saying that one was named Rolex and one was named Timex. Her friend said, 'Whoever heard of someone naming dogs like that?' 'HELLLOOOOOOO......,' answered the blond. 'They're watch dogs!'





    paskal
    07-08 05:45 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?





    abracadabra102
    12-30 09:48 AM
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......

    1600 was the time Britishers set foot in US and India. You are right that the actual consolidation of power (in India) started around 1750s in India. At the same time, the actual American revolution started in 1775 and is over effectively by 1781 when George Washington's army defeated Lord Cornwallis at Yorktown. (This Cornwallis bloke returned to UK with his tail between his legs and was appointed as Governor General of India and he was very successful there. As usual we made a tiger out of a mouse :-) ). After Sepoy revolt of 1857, we had to whine for a good 90 years for our independence. Americans started it in 1775/76 and is over by 1783, in just 8 years. Before 1775/76, Americans were willing subjects of British crown, but Indians were not.



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