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  • desi3933
    07-11 10:41 AM
    ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.





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  • unitednations
    07-10 12:50 PM
    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.


    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.





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  • rameshms
    08-26 10:41 AM
    This was forwarded to me by my spouse. I found it useful and thought provoking. Thought I'd share it with you folks. This is not a joke, but is inline with the "lighten up" concept.

    "The fallen Tomato Cart
    SUBROTO BAGCHI (co-founder & CEO of MindTree Consulting)

    I pass through this very intersection every morning with so much ease. Today, the pace is skewed. There is a sense of disarray as motorists try to push past each other through the traffic light. The light here always tests their agility because if you miss the green, you have to wait for another three minutes before it lets you go past again. Those three minutes become eternity for an otherwise time-insensitive nation on the move. Today, there is a sense of chaos here. People are honking, skirting each other and rushing past. I look out of my window to seek the reason. It is not difficult to find because it is lying strewn all over the place.

    A tomato seller's cart has overturned. There are tomatoes everywhere and the rushing motorists are making pulp of it. The man is trying to get his cart back on its four rickety wheels and a few passersby are picking up what they can in an attempt to save him total loss. Though symbolic in the larger scheme of things, it is not a substantive gesture. His business for the day is over.

    The way this man's economics works is very simple. There is a money lender who lends him money for just one day, at an interest rate of Rs 10 per day per Rs 100 lent. With the money, he wakes up at 4 am to go to the wholesale market for vegetables. He returns, pushing his cart a good five miles, and by 7 am when the locality wakes up, he is ready to sell his day's merchandise. By the end of the
    morning, some of it remains unsold. This his wife sells by the afternoon and takes home the remainder, which becomes part of his meal. With the day's proceeds, he returns the interest to the money lender and goes back to the routine the next day.
    If he does not sell for a day, his chain breaks.

    Where does he go from here? He goes back to the money lender, raises capital at an even more penal interest and gets back on his feet. This is not the only time that destiny has upset his tomato cart. This happens to him at least six times every year.
    Once he returned with a loaded cart of ripe tomatoes and it rained heavily for the next three days. No one came to the market and his stock rotted in front of his own eyes. Another time, instead of the weather, it was a political rally that snowballed into a confrontation between two rival groups and the locality closed down. And he is not alone in this game of extraneous factors that seize not only his business but also his life. He sees this happen to the "gol-gappa" seller, the peanut seller and the "vada pao" seller all the time. When their product does not sell, it just turns soggy. Sometimes they eat some of it. But how much of that stuff can you eat by yourself?
    So, they just give away some and there is always that one time when they have to simply throw it away.

    Away from the street-vendor selling perishable commodity with little or no life support system, the corporate world is an altogether different place. Here we have some of the most educated people in the country. We don the best garbs. We do not have to push carts; our carts push us. We have our salary, perquisites, bonuses, stock options, gratuities, pensions and our medical insurance and the group accident benefit schemes. Yet, all the while, we worry about our risks and think about our professional insecurity. We wonder, what would happen if the company shifted offices to another city? What would happen if the department closed down? What would happen if you were to take maternity leave and the temporary substitute delivered better work than you did? What would happen if the product line you are dealing with simply failed? In any of those eventualities, the worst that could happen would still be a lot less than having to see your cartful of tomatoes getting pulped under the screeching wheels of absolute strangers who have nothing personal against you.

    All too often we exaggerate our risks. We keep justifying our professional concerns till they trap us in their vicious downward spiral. Devoid of education, sophisticated reasoning and any financial safety net, the man with the cart is often able to deal with life much better than many of us. Is it time to look out of the window, into the eyes of that man to ask him, where does he get it from? In his simple stoicism, is
    probably, our lost resilience. "





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  • SunnySurya
    08-05 02:00 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.



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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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  • LostInGCProcess
    09-26 11:15 AM
    the universal health care would see us going the way of CA and europe with health care rationing, and long lines.

    My opinion on health care:
    I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.



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  • dontcareanymore
    08-05 01:58 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.

    Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.





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  • bklog_sufferer
    09-30 04:23 PM
    I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.

    If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.



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  • thakurrajiv
    04-06 09:17 AM
    jung.lee,

    I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
    Fide_champ, very good arguments if you are not the one who is loosing ....
    You will be winner if you come through. 2 problems though :
    1. How do you know you will come through ?
    2. Even if you do come through, dont you think you will make more if believe the economy is going further south !!
    I will mention one of my favorite quotes :
    " If my neighbor loses job it is recession but if I do its depression".





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  • learning01
    02-01 09:02 PM
    Please give me a link to what you refer, and I will write to Lou-foul mouth. Also, I request you to wirte and update status.
    It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:



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  • Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..





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  • Macaca
    09-24 04:30 PM
    How To Write To Congress (http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php) BY CAREY GREENBERG-BERGER | Consumerist, SEP 23 2007

    Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.

    Why Personal Letters Beat Form Letters

    Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.

    So what happens when you send a letter?

    Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.

    Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.

    What Should Your Letter Say?

    We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.

    Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.

    Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.

    Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
    Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!

    Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.

    It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.

    Send Your Letter To The Right Place

    Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.

    The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.

    For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:

    Member Of Congress
    c/o Staffer
    Office Building/Number
    Washington, DC 20515

    What Should You Expect In Return?

    Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.

    Conclusion

    Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.

    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.



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  • senthil1
    05-16 06:55 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?

    In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.

    This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.





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  • yabadaba
    11-15 11:54 AM
    its embarrasing to see a journalist fall down the hole like that. I dont think he realizes that he works at CNN and not at Fox. Nobody else spins it along with him. Wolf Blitzer and the rest dont pay any attention to him. Even during the election results night the only thing he was asked to do was ask a couple of senators for their impression on how the results were looking.

    The problem with Lou is that he goes on air every day and tells the American people that if they are having a miserable time or not saving enough money or their kids are not studying hard enough it is the fault of immigrants and corporations.

    If there is a "perceived" class divide, it is because there are certain segments of the society that live beyond their means, dont save up for a rainy day and are not vested in their financial future. If you want your kid to go to college you have to be with them, talk to them and work through their issues with them. It is always easy to blame someone that is of a different color or of a different background for your problems but it is not the solution.

    Outsourcing was an integral part of doing business in America even before India got involved. Ireland was the number 1 destination for outsourcing for years. They were never featured in the news. The thing is showing a bunch of indians sitting around and answeing calls has more shock value as compared to showing Irish people which would probably not register as it might seem like a call center right here in the US.

    What Lou doesnt get is that his hateful tirade has prejudiced the minds of whatever demographic that he caters to. This inturn leads to everyday issues that we as immigrants face; whether it is a coworker who keeps prodding us about how jobs are going overseas, bad customer service at a restaurant or at the grocery store and sometimes hate crimes where one of us gets our head bashed in.



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  • nogc_noproblem
    08-06 11:50 AM
    ..





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  • chintu25
    08-08 06:42 PM
    Thank God It's Friday


    A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).

    He smiled at her and replied, "S-H-I-T" (letters only)."

    She looked at him, puzzled, and said, "T-G-I-F" again.

    He acknowledged her remark again by answering, "S-H-I-T."

    The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.

    The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."

    The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"

    The man answered, "Sorry, Honey, It's Thursday."

    :D



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  • knowDOL
    07-15 12:40 PM
    If you are that kind of person who was out of job and not got paid in bench, then go back to your country and don't go against law and get a bad name for all of us who are here legally on everyday for for last 7 -8 years and trying to get GC legally. There are many companies out there who want us in top positions. Just because of GC or EAD it is stalling. If you pay your attorny fee or H1B fee that is your status and do not attribute it to everyone. My company of 54 strength has 15-20 H1Bs and company runs on these individuals. Its been like that from 7 years. Companies hires people and concentrates on product because of the great billing rate H1B's get and because of the great work we do for clients, clients are ready to pay higher $ per hour. Give me your company name and we will make sure to destroy all these chota mota companies who make employees pay H1b fees and do not pay in bench. One fine day, it will anyway happen. In this country, no one can escape long not abiding law.

    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D





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  • nogc_noproblem
    08-26 11:09 PM
    Three mischievous old Grandmas were sitting on a bench outside a nursing home...

    ... when an old Grandpa walked by. And one of the old Grandmas yelled out saying, "We bet we can tell exactly how old you are." The old man said, "There is no way you can guess it, you old fools."

    One of the old Grandmas said, "Sure we can! Just drop your pants and under shorts and we can tell your exact age."

    Embarrassed just a little, but anxious to prove they couldn't do it, he dropped his drawers.

    The Grandmas asked him to first turn around a couple of times and to jump up and down several times.

    Then they all piped up and said, "You're 87 years old!"

    Standing with his pants down around his ankles, the old gent asked, "How in the world did you guess?"

    Slapping their knees and grinning from ear to ear, the three old ladies happily yelled in unison - - "We were at your birthday party yesterday!"





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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.





    unitednations
    03-25 02:54 PM
    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

    My first order is greencards for everyone then next time people will see me would be at my funeral after the anti immigrants knocked me and obama off.:D





    lfwf
    08-05 07:09 PM
    see below

    I dont know whom you are responding to but...

    Then check. Context is everything sometimes.

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.

    Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.


    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.

    I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.



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