Tuesday, July 12, 2011

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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M





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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"





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  • puddonhead
    06-26 01:48 PM
    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.





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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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  • dealsnet
    09-27 02:26 PM
    I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
    I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.





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  • mariner5555
    04-15 04:59 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.
    what is DFW area (is it dallas ) ? I agree with what you say but in 90 % of the areas it will fall.
    In the end people have to take their own decisions and live with it (and I guess thats why many (who have already bought houses) are supporting home ownership) ..that is logical ..no one likes to admit a mistake (not saying it is a mistake).
    my views and thinking is clear on this ..why should I buy something now at a high price ..knowing that it has a good chance of falling down by 10 - 15 %.
    (And on top of it ..when I have to deal with USCIS).



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  • dba9ioracle
    08-06 03:58 PM
    THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

    ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

    A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

    AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

    ..Enjoy

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
    FINDS
    THERE...

    CAN YOU GUESS?

    DO YOU KNOW THE ANSWER YET?

    COME ON, THINK LIKE A INDIAN....

    A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!





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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..



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  • smidreb
    01-08 12:52 PM
    Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
    No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
    Read the link below on how mean they are.
    http://www.rense.com/general29/FAHD.HTM

    Now this article states the Israel - Palestine conflict clearly.
    God bless Israel. God has always been with Israel.

    Intrestingly the artical also says...

    The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan





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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.



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  • virald
    08-05 10:33 AM
    A man flying in a hot air balloon realized he was lost. Reducing altitude, he spotted a man on the ground and descended to shouting range.


    Good One:D





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  • number30
    03-24 03:39 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Moment you bring such things into the forum discussions will stop and goes somewhere else.



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  • kumarc123
    01-03 09:55 PM
    Guys you all re incredible with your perspectives on the subject WAR


    I have a golden question

    Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that


    WAR DOES NOT HELP ANYONE<


    Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.

    We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.



    Thank uoi





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  • rajuram
    07-13 02:20 PM
    It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.

    Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.

    EB3s - mail out the letter PLEASE!!!!!



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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).





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  • Macaca
    12-29 07:47 PM
    Our Nation as a Startup (http://blogs.wsj.com/indiarealtime/2010/12/29/india-journal-our-nation-as-a-startup/) By Rajeev Mantri | IndiaRealTime

    Doing business in India can be overwhelming for somebody accustomed to working in a more hospitable business environment. The World Bank�s Doing Business study ranks India 134th worldwide for ease of doing business, behind lesser-talked- about nations such as Tanzania and Ghana.

    Besides the well-documented inadequacy of physical infrastructure, archaic corporate and taxation laws are yet to catch up with modern ways of structuring and operating new ventures. Yet India is able to register high rates of economic growth year after year.

    U.S. President Barack Obama�s contention that India has already arrived is magnanimous � India is a startup with high potential but hasn�t made it yet into the pantheon of world powers. Like a startup, India is chaotic and unpredictable.

    Democracy adds another twist in the tale. As the last three months have shown, Indian politics can turn on a dime and the perception of political stability can give way very quickly. India�s business model is contrary to how other Asian economies have developed: India continues to be services-driven and domestically-oriented instead of being heavy on export-led manufacturing.

    This approach shielded the economy during the financial crisis. With growth driven by high-quality entrepreneurs who have been able to deliver despite a suspicious and often obstructionist state, it�s no wonder that investors continue to be bullish on India and tend to overlook major political and geopolitical risks.

    But high growth brings with it many quandaries. Though a happy problem to have, a growing enterprise faces its own management challenges. At the very least, the capacity of India�s executives and government to manage growth has been somewhat disappointing. India chose (some would argue that it stumbled upon) a bottom-up development model based upon entrepreneurship.

    We are now reaching a stage in the economic cycle where we need to push the envelop further, not negate the strategy that has served us very well over the last two decades. India saw two bursts of significant reform, from 1991 to 1996 under Prime Minister P.V. Narasimha Rao and again from 1998 to 2004 under Prime Minister A.B. Vajpayee. Since 2004, there has been virtually no reform initiated by the Congress-led United Progressive Alliance government in areas such as labor law, where the current regime is constraining growth in manufacturing. This is impairing the quality of India�s economic growth and limiting job creation.

    Recently, Steve Jobs said that his company, Apple, is the world�s largest startup. It�s an interesting view given that Apple�s market capitalization, which is close to $300 billion, makes it one of the most valuable companies in the world. Apple also has zero debt and tens of billions of dollars in cash. From the brink of bankruptcy and irrelevance in 1998, Apple�s financial and competitive strength is now the envy of the technology industry.

    When Mr. Jobs returned as Apple�s CEO, he had a straightforward mantra: To rebuild Apple as a pioneering innovator and rescue it from the morass of creating �me-too� products, as he put it. He felt that the company he founded had forgotten what it stood for. This was audacious for a company struggling to stay on its feet.

    Indian administrators and policy-makers should also remember how high rates of economic growth have been achieved in the first place. Like a startup which has achieved a fit between product and market fit and is ready to scale up, India needs to continue providing its entrepreneurs with the space and environment to operate.

    Apple lost its mojo because it abandoned the strategy that made it what it was. Curiously, that strategy itself was not rigid and inflexible but one of continuous innovation, where Apple would make its products irrelevant before its competitors could. A return to this thinking has ensured the company�s rise through the 2000s. India, too, needs to return to policies that have transformed its economy from anemic to blistering growth.

    In Hindu philosophy, The Upanishads talk of the concept of �Atmanam Viddhi,� which roughly translates as �knowing oneself.� It turns out that self-knowledge is also a sound business strategy � to reach where you want to go, it�s first important to know how you got to where you are.

    The government must realize what it is that has delivered high rates of economic growth. Negating the ideas and policies that are driving India�s economic development by delaying the next round of economic reforms could prove to be immensely damaging to India�s economic prospects. India needs a visionary leader to step up and push through some of the changes that most agree need to be implemented � but few have the political courage to execute � or else an opportunity may be lost again.



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  • rimzhim
    04-09 11:00 AM
    Why should others suffer because of consulting firms?
    You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.

    Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.





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  • cygent
    10-03 12:48 PM
    Excellent post dtekkedil
    You reiterate exactly what I have in my mind
    My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.





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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.





    anjans
    07-14 02:05 PM
    guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.

    Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.

    I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.

    It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.

    I dont think EB3 ppl are jealous. But dont react with emotion.





    unitednations
    03-26 04:51 PM
    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.



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