вторник, 28 июня 2011 г.

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  • nogc_noproblem
    08-06 11:53 AM
    A man went into the proctologist's office for his first exam.

    The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.

    A tube of K-Y jelly; A rubber glove; and A beer.

    When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"

    At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......

    Dam it Helen! I said a BUTT LIGHT




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  • gopinathan
    08-12 02:03 PM
    :D:D

    can't stop laughing.. thanks rsdang..

    (long pause)

    DJ: Folks, we need to take a station break




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  • eb3India
    04-07 05:08 PM
    In late 1970's US had great demand for Doctors many Indian and Pakistan doctors migrated to US on green card, however after few years as demand went down, immigration for doctors also become very tough, infact complete system for foriegn doctors was made very restrictive.

    I see similar thing happening to IT but the catch here is Internet, virtually we can work from anywhere, but our senators who think internet is like series of tube does'nt get this




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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.



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  • BondJ
    05-16 05:54 PM
    Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

    http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms




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

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

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

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

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

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

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

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



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  • HawaldarNaik
    01-03 01:47 AM
    I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years

    They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving

    Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.

    Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future

    As i said in my first post...we have to first clean up our act....

    As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'

    Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....




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  • sdrblr
    03-23 11:57 AM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.



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  • eb3India
    04-07 05:08 PM
    In late 1970's US had great demand for Doctors many Indian and Pakistan doctors migrated to US on green card, however after few years as demand went down, immigration for doctors also become very tough, infact complete system for foriegn doctors was made very restrictive.

    I see similar thing happening to IT but the catch here is Internet, virtually we can work from anywhere, but our senators who think internet is like series of tube does'nt get this




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  • tampacoolie
    07-08 05:02 PM
    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. ..

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.



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  • unitednations
    07-08 05:49 PM
    .

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


    In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

    Chennai and california service center are pretty much standard in what they look for and request.

    I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

    I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

    Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.




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  • desi485
    08-05 11:36 AM
    This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:



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  • rockstart
    03-24 10:04 AM
    Dude ask your employer to mail it himself to USCIS. You are not asking these documents for your timepass these are requested by USCIS so forward this mail to him and ask him to respond any ways its his responsiblity to support this GC application since it is his company that is asking for green card.

    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:




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  • bkarnik
    08-06 06:16 PM
    ~~~~~~~~~~~~~~~~~~~~~~~~~
    "Sometimes when I reflect back on all the beer I drink I feel shamed. Then I look into the glass and think about the workers in the brewery and all of their hopes and dreams. If I didn't drink this beer, they might be out of work and their dreams would be shattered. Then I say to myself, "It is better that I drink this beer and let their dreams come true than be selfish and worry about my liver."
    ~ Jack Handy


    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    "I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day. "
    ~Frank Sinatra
    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "When I read about the evils of drinking, I gave up reading."
    ~ Henny Youngman

    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "24 hours in a day, 24 beers in a case. Coincidence? I think not."
    ~ Stephen Wright

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "When we drink, we get drunk. When we get drunk, we fall asleep. When we fall asleep, we commit no sin. When we commit no sin, we go to heaven. Sooooo, let's all get drunk and go to heaven!"
    ~ Brian O'Rourke

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Beer is proof that God loves us and wants us to be happy."
    ~ Benjamin Franklin

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Without question, the greatest invention in the history of mankind is beer. Oh, I grant you that the wheel was also a fine invention, but the wheel does not go nearly as well with pizza."
    ~ Dave Barry

    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    And saving the best for last, as explained by Cliff Clavin, of Cheers. One afternoon at Cheers, Cliff was explaining the Buffalo Theory to his buddy Norm. Here's how it went:

    "Well ya see, Norm, it's like this... A herd of buffalo can only move as fast as the slowest buffalo. And when the herd is hunted, it is the slowest and weakest ones at the back that are killed first. This natural selection is good for the herd as a whole, because the general speed and health of the whole group keeps improving by the regular killing of the weakest members. In much the same way, the human brain can only operate as fast as the slowest brain cells. Excessive intake of alcohol, as we know, kills brain cells. But naturally, it attacks the slowest and weakest brain cells first. In this way, regular consumption of beer eliminates the weaker brain cells, making the brain a faster and more efficient machine. ! That's why you always feel smarter after a few beers."



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  • Ramba
    08-05 03:35 PM
    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.


    I am not saying no one qualified. Most of the Eb3 jobs requirements were modified to EB2 to cut-short the EB3 line. Then, why every employer (particularly in IT) files EB2 LC, than EB3 after 2005? Why does DOL is autiting EB2 requirements for IT/Engineering jobs now?. Before 2004, even if employers requires MS+4 years or BS+8 years DOL approves the LC. Why they don't do now? It is just everyone wants to go for EB2, if they have that qualification.




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  • lfwf
    08-05 06:49 PM
    I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.

    Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.

    Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.

    I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.



    I believe you missed the entire point.
    YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit?
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?

    I'll answer for you since you refuse to be objective.

    The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.


    I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.



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  • validIV
    06-08 08:23 PM
    You are a genius.

    Thanks but flattery will get you nowhere.




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  • vghc
    01-06 06:22 PM
    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.


    Then why don't you quit your job not and fly over there to help them?
    Voicing your opinions here won't make them feel any safer.
    The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.




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  • Beemar
    01-01 03:25 PM
    Oops!! Scratch that. Apparently these are old links. Some going back to 90's! Actually our country is threatening war for so many years that the links become all mixed up. It is embarrassing to see our country warnign pakistan with dire consequences for almost 20 years now, without dropping even a small firecracker in pakistani territory. Indian govt should at least threaten google to block all these stale links, or it should threaten google with surgical strikes :)


    Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.


    India Set to Launch 'Small War'
    http://www.commondreams.org/headlines02/0531-01.htm

    Delhi ups its war rhetoric
    http://www.atimes.com/ind-pak/BA27Df01.html

    US fears India may attack militant training camps in PoK
    http://www.expressindia.com/news/fullstory.php?newsid=10507

    India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
    http://www.highbeam.com/doc/1P2-588205.html

    Bush appeals to India, Pakistan to `draw back from war'
    http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM


    India, Pakistan shoot, talk of war
    http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM




    Blessing&Lifeisbeautiful
    08-08 05:48 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    bump




    waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?



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