Mike Tyson Tattoos

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.

:D:D:D:D

If you are interested to lead this effort, you can lead a thread of jokes on the forum and lighten up everyone.

Des vs. Pardes

1. Mother-in law:
In Des - A women capable of making your life miserable.
In Pardes - A women you never fight with, because where else you will find such a dedicated baby sitter for free?

2. Husband:
In Des - A boring human species, who listens more to his mother than you, and orders you around to serve him, his parents and siblings.
In Pardes - Still boring, but now a useful human species that comes in handy when the house needs to be vacuumed.

3. Friend:
In Des - A person whose house you can drop into any time of the day or night and you'll always be welcome.
In Pardes - A person who you have to call first to check and make sure he is not busy.

4. Wife:
In Des - A woman who gives you your underwear and towel when you go to take a shower.
In Pardes - A woman who yells at you not to leave tub dirty when you go to take bath.

5. Son:
In Des - A teenager, who without asking will carry your grocery bags from the market.
In Pardes - A teenager, who suddenly remembers he has lot of homework when you start mowing the lawn.

6. Daughter:
In Des - A lovely doll, who brings tears to your eyes when her doli is about to leave.
In Pardes - A lovely doll, who brings you to tears long before any doli time.

8. Father:
In Des - A person you are afraid of, and who is never to be disobeyed.
In Pardes - A person to whom you pretend to obey, after all he is the one paying your college tuition.

9. Desi Engineer:
In Des - A person with a respectable job and lots of upper ki kamai. :D
In Pardes - A person without a secure job, who always dreams one day he will be rich.

10. Desi Doctor:
In Des - A respectable person with ok income.
In Pardes - A money making machine, who has a money spending machine at home called "doctor ki biwi".

11. Bhangra:
In Des - A vigorous punjabi festival dance.
In Pardes - A desi dance you do, when you don't know how to dance.

12. Software Engineer:
In Des - A high-tech guy, :D, always anxious to queue consulate visa line.
In Pardes - The same hitech guy, who does Ganapati puja everyday, and says 'This is my last year in the US (or wherever)' every year.

13. A Green Card holder bachelor:
In Des - the guy can't speak Hindi, parents of good looking girls are dying to hook him, wears jacket in summer, says he has a BMW back there.
In Pardes - the guy can't speak English, wears jacket all the time, works in a Candy store at Manhatta n, dreams of owning a BMW.

How to tell the sex of a fly

I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.

When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."

Curious, I inquired as to how he could tell the difference.

He answered, "It's easy, 3 were on a beer can and 2 were on the phone.

Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.

Just hope that USCIS will buy your story!

All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.

guys i give up..
i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
i'm out of here.

Why should they?
Just self-interest and what works for them.

No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.

*

We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

What eventually happened to the case.

The baltimore case I mentioned happened in 2005 which was certified by AAO.

I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

eb3 versus eb2
permanent jobs versus consulting
country quota, etc.

The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

UN - why do you think USCIS allows

(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....

the list can go on

Why do you think people who are following law - not liked by USCIS?

I am not blaming USCIS or not poking at them or your interpretation.

I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

i thing some1 has complained to uscis about you,
so your case is refered to NFDC , YOU might also get a interview call soon.
or the best thing get your GD
all the best

one of the main reason that I stopped looking for a home is GC. the reason I was hunting around was to get advantage of tax credit ..but when I read articles like this ..I feel waiting for some more time has advantages too !! (so even if you take best case scenario of 10% drop in your area ..a house which costs 250K will drop by 25K ??? which is 3 times the tax credit).
-------------------------
Searching for a bottom in the housing market
Sales look like they could rebound soon, but you can't say the same for prices.

See all CNNMoney.com RSS FEEDS (close)
By Janet Morrissey, contributor
June 19, 2009: 4:23 AM ET

FORTUNE 500
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NEW YORK (Fortune) -- Sales in the decimated housing market may finally be bottoming, but don't expect home prices to stop dropping before mid-2010 at the earliest, analysts and economists say.

Indeed, prices in the battered housing market could get a lot worse before they get better as an avalanche of specialized adjustable rate mortgages, known as option ARMs and Alt-A mortgages, are slated to reset over the next 18 to 24 months, and rising unemployment causes a surge in the number of prime mortgages going into default. All of this is expected to trigger another round of foreclosures and cause home prices to tumble at least another 20% before the market rebounds, according to market analysts and economists.

Market bulls believe home prices could bottom in the second half of 2010, but the bears warn it could be 2013 before they finally trough. And once prices do reach a low, it could be years before they significantly rebound.
0:00 /4:19Housing market's false hope

"This is clearly the worst housing crisis since the Depression," says John Burns, president of John Burns Real Estate Consulting. Losses from the housing meltdown totaled $3.6 trillion at the end of 2008, and will likely approach $5 trillion by the time the crisis ends, predicts Lawrence Yun, chief economist with the National Association of Realtors.

Bob Curran, managing director at Fitch Ratings, is a lot more cautious, noting that one month of gains doesn't make a trend -- existing home sales are still off 3.5% from a year ago. "You'd want to see a string of months -- ideally three months -- to say with confidence that a bottom has been reached," he says.

"We're about two-thirds of the way through the pricing correction on a percentage basis," says Joshua Shapiro, chief U.S. economist with MFR Inc., an economic consulting and analysis firm. He expects prices to slide at least another 20% over the next 18 months.

Palestine was never a country. Even historian knows that there was a kingdom of Israel & Kingdom of Judah. The kings and the timeslines when the kingdoms were destroyed are also known. Due to numerous invasions there was a great diaspora of Jews to the other parts of the world. Even Jerusalem belongs to the Jews. The Romans under Titus burned down the Jewsish temple and killed entire tribes of Jews during the Jewish revolt against Rome in AD. 70. The modern state of Israel was in fact simply returing the ancient land of Israel to the Jews. Kashmir belongs to India. Pakistan has occupied Kashmir.

I don't believe the housing market slump will last more than 3 years!

--------------------------------------------------------------------------------------------------
Echo boomers a lifeline for embattled U.S. housing | Reuters (http://www.reuters.com/article/ousiv/idUSTRE55L0AO20090622)

The demand may come back, but the prices may be lower from here on out. If interest rates move higher due to the deficit, people won't be able to afford as much, causing prices to fall further.

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.

Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

Good luck.

Regards,
Jayant

How did you verify if the call was really from Immigration services?

well..thats good question..I couldnt..because calling number was Unavailable..

Call came to my cell which is the number I put in 485 app.

She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..

HOTEL KERALA-FONIA

On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<

Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,

Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray

Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies

The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!

Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

Can you clarify what you mean by "splitting salary with employer" and what does that have to cheating the system?

I think much of India understands this perspective.

I hope so.

I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.

I commend the initiative. But I see a few issues with it:

You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
[I am going to include USICS Address and Fax's numbers also]

You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

[with due respect ...How did the rules suddenly change to favour eb-2]..I am not against it..just want to know?

If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.




If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

[This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]

Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

So I personally do not think this idea will work.

[could you suggest a solution..you know that legislation cannot work this year so what needs to be done??]

While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.

The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.

[Eb-3-I is also participating in calling and contributing..]

[For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]

That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


Hope you got me right when I asked these rhetorical questions. I dont want to screw any one behind me ... I am all for expanding american dream for as many people as possible ..

[QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

I am not at all surprised at the 'backlash'.
I appreciate your input and candor

Welcome back and Thanks very much for your valuable suggestions.

I have an important question for you and would request your suggestion:

Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

What would be my best option to take decision?

1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

What do you suggest to help both me and my employer?

Thanks a lot for your valuabale suggestion and helping me out.


Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

At the same time you can have h-1b.

Both things allow you to stay here.

Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

You could try to convert the h-1b to part time or transfer to another company.

I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.