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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.





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  • pete
    04-09 10:29 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!





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  • HawaldarNaik
    09-27 07:50 PM
    Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?





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  • vdixit
    12-31 02:06 PM
    No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.



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  • Beemar
    12-29 12:01 AM
    Sorry everybody. The war did not break out as I was anticipating. I thought Indian leaders have developed some spine. I should have known better.

    India is no Israel. Israel launched a war on Gaza in retaliation for some rocket attacks which killed, well, zero Israelis. They at least know what the most effective defense is, its called offense.





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  • satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.



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  • rajuram
    07-15 01:11 AM
    EB3 India guys, please send out the letter. We need to get our concerns out there. May be some one will listen. Please send a copy to Zoe Lofergen also.

    Only the squeaking wheel gets the oil. Wake up, please. Otherwise we all will be still waiting while the others are getting their citizenship!!!!





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  • dealsnet
    01-08 09:39 AM
    Dear Admin,
    I didn't understand what you have said about me. I never used in my life any vulgar language. What I did is copy and paste a PM send by the guy started the tread to enlist support for the terrorist. Eventhough I have received my GC, I did visit the IV site every day and share my experience, expertise. I never used this site for any personal or religious agenda. You can check my previous post rather than this tread.
    But what made me furious is, the guy started the tread, already got GC, and his only aim is to make hatred and make support for terrorists. He is from India and he didn't like people in this forum discuss about the Bombay attack. So to challege that he started the tread. (READ HIS EXPLANATION ABOUT IT IN THIS TREAD). That is why many including me become furious. Many in this forum came from India, it is natural that they used to speak about some politics, natural calamity, accident etc. But this guy want to discuss about some thing not related to 99.99% of the people. He want to abuse the Jews. They are abused from all quarters from 2000 years. Now they have a voice.
    I never contribute or visited any religious or any forums before. But after read his view, I did a research and give him reply. But he responded with vulgur language, which I did pasted. It is your responsibility to see to stop putting these kind of posts. If some one post anything religious things, others will respond.
    DON'T ACCUSE ME OF PUTTING PROFANE LANGUAGE.
    I HOPE YOU UNDERSTAND.


    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


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



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  • new2gc
    03-24 04:42 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.





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  • Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.



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  • xlr8r
    04-09 08:35 AM
    What can we do to deep-six this bill?

    Need direction here!





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  • calboy78
    08-11 01:34 AM
    Lesson 1:

    A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
    The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
    Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
    After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
    The woman wraps back up in the towel and goes back upstairs.
    When she gets to the bathroom, her husband asks, "Who was that?"
    "It was Bob the next door neighbor," she replies.
    "Great," the husband says, "did he say anything about the $800 he owes me?"

    Moral of the story
    If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.


    *********

    Lesson 3:

    A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
    The Genie says, "I'll give each of you just one wish."
    "Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
    Puff! She's gone.
    "Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
    Puff! He's gone.
    "OK, you're up," the Genie says to the manager.
    The manager says, "I want those two back in the office after lunch."

    Moral of the story
    Always let your boss have the first say.


    *********

    Lesson 4:

    An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
    The eagle answered: "Sure , why not."
    So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.

    Moral of the story
    To be sitting and doing nothing, you must be sitting very, very high up.


    *********

    Lesson 5:

    A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
    "Well, why don't you nibble on some of my droppings?" replied the bull.
    They're packed with nutrients."
    The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
    The next day, after eating some more dung, he reached the second branch.
    Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.

    Moral of the story
    BullShit might get you to the top, but it won't keep you there.


    *********

    Lesson 6:

    A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
    The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
    A passing cat heard the bird singing and came to investigate.
    Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..

    Morals of this story

    (1) Not everyone who shits on you is your enemy.

    (2) Not everyone who gets you out of shit is your friend..

    (3) And when you're in deep shit, it's best to keep your mouth
    shut!

    Keep more lessons coming...don't worry about the #2 that you forgot



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  • redcard
    03-23 05:20 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.

    Here is the document which clearly states for lawful status into US.

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf


    You should be good incase you meet the requirement,





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  • desi3933
    08-05 04:06 PM
    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.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002



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  • USDream2Dust
    03-23 10:33 PM
    Thank you. I need to buy a house and I have no savings. I make a lot of money but no savings. You guys are inspiration. I am going to jump off the cliff and buy a house. Worst come worst I would contribute to the worsening economy and end up in foreclosure. But I think unless I try I would end up getting old in my 1 bedroom apt.

    I need help. I am searching online a lot of real estate agents. How do you do it? I am in NJ and don't even know what area is good and I heard you have to look for schools for kids (i don't have but would have in 1-2 years). Do real estate agents recommend any areas?

    There is only 2 things I know.
    1. I need house
    2. I can afford 500k house.


    Any inputs recommended :)





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  • gc28262
    09-26 09:41 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.



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  • Carlau
    08-12 07:14 PM
    If you enter http://www.flcdatacenter.com/CaseH1B.aspx
    H-1B efile 2005
    employer cable news
    state Georgia
    You will see many H-1B positions but one of these is "Systems Software Developer" valid from Jan 2005 to Jan 2008, something that according to him, America is not short of.





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  • GotGC??
    02-21 12:46 PM
    The estate no doubt belonged to his forefathers - who were native Indians and not some immigrant scum - and has been handed down to him thru the generations.


    But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:





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  • calboy78
    08-06 12:18 AM
    Before I start - I must say that I am EB2 - and I still don't agree with the idea.
    Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance.
    I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.

    Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!





    obviously
    08-05 08:16 PM
    "Originally Posted by lfwf
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly."

    More hollow rhetoric from lfwf... someone that fails to see coherent logic and arguments made out in posts and instead claims that there is none :). Maybe, Inglis is the prablem, eh? LOL.

    Obviously, lfwf's 'respect' is worth a lot ;)

    I've gotten my days worth of laughs reading these protectionist jokers' weak arguments and empty threats of lawsuits.

    LOL!





    ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that



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