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  • SunnySurya
    08-05 03:57 PM
    You have rekindled my interest. I am not a lawyer but have been in a job that required reading contracts and legal matters. Your points made me think that we may have some case here. So if you are intersted we could take some legal opinion. If four or five people can join then we can share the cost for the initial consultation.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.




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  • NKR
    01-08 01:42 PM
    [QUOTE=sab;309415] Terrible. From NPR

    "Eventually, Red Cross and Palestine Red Crescent rescuers received permission to go into the shelled houses. Pierre Wettach, head of the ICRC for the region, called it a "shocking incident." "The ICRC/PRCS team found four small children next to their dead mothers in one of the houses. They were too weak to stand up on their own." [Quote]

    That is really sad, it is similar to the two year old son of the Jewish Rabbi and his Wife who was sitting with blood of his dead parents on him when his caretaker took him and ran away during the Mumbai carnage, what I read later was that they were sexually humiliated and killed. When small kids are taught to blow themselves up, that is sad too. There are many orphans of war and hatred and violence. I wish this madness stops from all sides� or at least let them take this war to the battlefield, not in places where people live.




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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.




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  • logiclife
    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.



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  • EB3IFiasco
    08-05 10:41 PM
    We'll have to just make sure we file an amicus on behalf of the USCIS if a case like this goes forward...




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  • xyzgc
    12-20 03:32 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.

    My feelings are the same. Terrorism is leading Pakistan to destruction and Zardari knows its not working.
    Initially, Paki funded the proxy wars and now the beasts are out of control.

    India is one smug, complacent giant -terorism is not going to make a dent.
    Most of the indians are indifferent and not afraid of going about their lives.
    In Mumbai, the need for survival is intense, you can't stop people from living their daily lives.

    This whole affair has gotten so much international publicity, its blown up in the face of these Pakis.
    Muslims everywhere are under a lens eye - airports, buses, trains, any public transportation people are immediately suspicious. Its creating an embarassing situation for good muslims all over the world.

    Unfortunately, these good muslims are handful, if you look at Pakistani newspapers some of their intellectual journalists sincerely condemn all of this but the readers hold a diametrically opposite view!
    Fortunately, this will educate the readers, slowly but surely. At least it will make them introspect and retrospect.

    The Bombay mullahs refused to bury the terrorists - they don't want a round of riot, they know they will be butchered and nothing good will come out of it.

    Terrorism is not working man!



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  • checklaw
    10-02 01:10 PM
    he for now atleast, seems slightly different then regular politicians that we know of...and considering the consequences of present financial crisis would most likely be the next President coming Nov..

    but to us, the prospective permanent immigrants, this comes with a measure of fear knowing he might listen and act only to staunch anti-legal-immigration policy advisors in his rank who seem to wield substantial influence on such matters.
    checklaw




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  • immique
    07-14 10:10 PM
    why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.

    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



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  • mrajatish
    07-08 07:22 PM
    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.

    Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.

    It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.

    My earnest prayers with you - please find a good lawyer to represent your case.




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  • Macaca
    11-29 08:39 PM
    Trade groups question new lobbying law (http://thehill.com/leading-the-news/trade-groups-question-new-lobbying-law-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007

    Trade groups like the U.S. Chamber of Commerce say a new lobbying law could require the release of their member lists, violating freedom of association protections granted by the Constitution.

    The Chamber, the National Association of Manufacturers (NAM) and the American Society of Association Executives wrote Senate Secretary Nancy Erickson and House Clerk Lorraine Miller on Wednesday asking for clarification in how the new law will be applied.

    The potential problem relates to a section in the Honest Leadership and Open Government Act of 2007 that would impose new lobbying disclosure rules.

    The trade groups said Congress wrote the section of the law to shine light on so-called �stealth coalitions� that often use innocuous-sounding names to anonymously represent specific industries.

    But the imprecision of lobbying definitions in the law could mean disclosure requirements would fall on a variety of trade groups, the groups said in the letter.

    Groups that fail to accurately disclose their lobbying activities now will face criminal penalties, the letter also notes.

    �The price for being wrong is extremely high,� said Steven Law, senior vice president and chief legal officer for the Chamber.

    The letter was signed by Law; Jim Clarke, senior vice president of public policy for the American Society of Association Executives; and Jan Amundson, senior vice president and general counsel at NAM.

    The lobbying law, passed in response to scandals surrounding Jack Abramoff and ex-Rep. Randy �Duke� Cunningham (R-Calif.), would require disclosure of any organization or entity that �actively participates in the planning, supervision, or control� in lobbying activities and contributes more than $5,000 per quarter for those efforts.

    The �breadth and vagueness of the provision� require further clarification in how the new law will be applied, the letter stated.

    The groups noted Supreme Court rulings that they say prohibit the government from forcing groups to disclose their membership without a compelling government interest in doing so.

    �We take seriously the constitutional rights of our members to associate freely without government looking over our shoulders,� Law said.

    Brett Kappel, a campaign finance and government ethics lawyer, said Congress wrote the provision to target ad-hoc associations that are formed to lobby on a particular issue.

    �These typically spring up when there is legislation that would have a major economic impact on a small number of companies from a specific segment of the economy. That�s when they form the Coalition for Apple Pie and Motherhood and lobby against it,� said Kappel, who practices at the firm Vorys, Sater, Seymour and Pease.

    The new law �wasn�t designed to get at trade associations,� he said.

    Law said the lobbying law gives the clerk and the secretary broad powers in implementing the new requirements. He said he expected further guidance from those offices by Dec. 10.



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  • rbalaji5
    07-13 10:38 PM
    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?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.



    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.




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  • nojoke
    04-06 04:50 AM
    Fide_champ,

    I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

    USDream2Dust

    I hope this is not a joke. You have any idea what kind of downturn we will be facing? Why did Fed jump in to bail out Bear Stearns against all the criticism? What they did is considered illegal by many. But still they did it anyway. Because the Government is very afraid of this shaky economy. We were just few steps away from bank runs.
    My friend bought house in Atlanta and within 3 months the builder sold the same model houses for 100k less. We are going to see a 30% to 50% reduction depending on the area.
    People who wanted to convince themselves said it will not happen in california. As things started unfolding, they said it will not happen in Bay area. Then they said it will not happen in San Jose and Santa Clara. Now they are saying not in their block.
    If you still think a good school will protect your house price, go ahead and catch the falling knife. To give you some idea of what people here are thinking -------------
    “Sinclair: ‘But the prices kept going up. At one time, our house was worth over $600,000. In fact, a model just like this they were asking $699,000 — and now things have entirely collapsed.”

    “A similar house down the street is already in foreclosure and the bank is entertaining offers for under $200,000.”

    “The Sinclairs stopped paying their mortgage in October when the payment jumped from $3,000 a month to $4,000. Now they’re basically squatting in their own home, living there for free. Sinclair: ‘We had to start making some hard choices, which included going into foreclosure on our house and kind of starting again.’”

    “Sinclair: ‘We would do it if the equity was there, but in a case where we’re already so behind… Imagine that for five years, say, we’re gonna pay four grand a month and then we’re just gonna be back up at what we bought the house for. We feel like we’re throwing away money.’”

    --------------------------------
    They are just walking away from their house because they see that their house value is going down. This all will feedback and cause further decline in the prices. Don't think that the prices will be back in 5 years. For someone who bought a house in 1989, it took 8 years to 9 years to get back to their purchase price. This time it will be worse.

    Guys, people are talking about Depression and you guys want to buy house in a good school district. These FB(search google what it means), are waiting for some greater fool than themselves to unload their burden. This is why you will be called "greater fool"
    If you want to loose your 200K in 2 years, go ahead. It is your money. Don't tell that you weren't warned, like all these mortgage companies and banks who are now saying - "who would have thought it would get this worse".

    Land is plentiful in california and NJ. There are building restrictions artificially imposed to keep the prices high. But this is past. No realtors are saying "we are not making any more land" these days. I have been following the housing blogs and they are laughing at Indians who are buying here in Bay area. Do some research before spewing the realtor propaganda and don't compare situation in India with US. Sorry for the rant. I am doing this with good intention to save atleast some of you guys.



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  • unitednations
    07-09 11:57 AM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.




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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.



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  • alisa
    01-03 02:36 PM
    Tomorrow the Bombay attack is old too.
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.




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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.



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  • apt29
    08-05 03:24 PM
    Those are not in IT are caught in between the IT folks!




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  • StuckInTheMuck
    08-05 02:13 PM
    Dick Cheney walks into the Oval Office and sees The President whooping and hollering.

    "What's the matter, Mr. President?" The Vice President inquired.

    "Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.

    "How long did it take you?"

    "Well, the box said '3 to 5 Years' but I did it in a month!"




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  • eb3India
    04-06 08:39 PM
    you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

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

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




    pns27
    07-14 02:45 AM
    Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.

    Duoo�de chillout, why are you shutting at me? I don�t have any beef with you. I am just making my point here. which is, each EB group gets equal quota of 33.33%. And there in no preference or priority given how many visas are issued in the annual quota. The preference is only in the spillover.

    Coming to my case, I have Bachelors in Engineering and Masters in Computer scinces form US. My company�s HR and Attorney then in 2002 decided and filed my case in EB3 even though I and my Job qualify for EB2 ( I was not working for desi company when I filed my CG, I still work with the same company) my PD is June 2002. I am happy and comfortable in the company, they pay well. Not having CG did not any stop my growth here. I Have no complaints for my situation and I am not blaming any one for my plight and the choices I have made and I stand by with them.

    See I am to close to getting my GC so me changing to another company to change to EB2 when everything is working great for me is not a good idea.

    Friend Rolling_Flood you take it easy now, no need to get exited.




    conchshell
    08-05 06:10 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D



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