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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.





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  • nogc_noproblem
    08-06 06:40 PM
    The local bar was so sure that its bartender was the strongest man...

    ... around that they offered a standing $1000 bet.

    The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.

    Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.

    One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."

    After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.

    But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.

    As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"

    The man replied "I work for the IRS."





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  • anai
    12-18 11:47 AM
    .... someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.





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  • snathan
    09-27 11:35 AM
    What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.



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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?





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  • unitednations
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    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.



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  • masaternyc
    01-11 01:50 PM
    Who crucified jesus, they are still on for other religions too??? including hindis, muslims, sikhs etc. Read the history, 100,000 people demonstrating in spain means nothing???
    Rally for GC was only few hundreds but people rallying in 100,000's in Spain atleast means something to me.

    http://www.iht.com/articles/ap/2009/01/11/europe/EU-Europe-Gaza.php





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  • gc_on_demand
    09-30 04:45 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    I 100% agree with you. We are highly skilled educated people. Legally came to USA , earned Master or higher degree in field of STEM. Working hard and paying taxes , having amerincan babies but still cannot make USA as our permanant home.

    It is very riskey to buy a house without having green card. Not that we will not find job if we loose current one but not sure where we end up getting job. and given housing market condition ,we will be end up loosing money if we sell house.

    I have seen CIR debates for 06 - 07 , Senator Durbin was against H1b people. Even current H1b laws are very strick. After living in USA for 10-12 years if you loose job becasue of given environment and if you cannot find second soon it is possible that you may loose your legal status.

    I love to see OBAMA as next president of USA. Even I am not citizen of this country but my children are. And as a responsible parent of them I wish Senator OBAMA become next president of USA. when I hear speech of Senator OBAMA & Biden I feel security of my children.

    I wish Senator OBAMA will restore my trust in American Dream. Would it be appropriate if I have to move out of here along with my USA citizen children to another country ?



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  • Refugee_New
    04-08 12:59 PM
    Apart from location, area, school district and population etc,

    If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.

    What do you guys think?





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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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  • nojoke
    04-21 04:33 PM
    When people are walking away from their homes, some here are suggesting it is the best time to buy :confused:

    http://www.reuters.com/article/reutersComService4/idUSL1619195020080418
    ----------------------------------
    Increasing numbers of Americans are simply walking away from their houses and mortgages, increasing pressure on banks and the economy.

    Rapid house price falls in many parts of the United States will soon leave as many as one in five borrowers owing more on their loan than the house will fetch, removing at a stroke the single most powerful incentive to keep up with payments.

    The phenomenon of "walk aways" or "jingle mail," so called because of the noise the house keys make in the envelope mailed to the bank, is hard to measure but shows every sign of gathering pace and having a substantial impact.





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  • willwin
    07-13 04:46 PM
    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....

    I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?

    The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.


    Thoughts?



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  • satishku_2000
    04-12 01:01 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.


    You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.

    I am strictly talking about greencard retrogession here.





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  • jkays94
    05-24 02:31 PM
    I don't have the time to go one by one, but one of the arguments about "Zogby poll taken by anti-immigration" groups is at minimum comic. How about other polls posted along the years which show the obvious and logic, which is the American people (not employers of course) support lower immigration numbers ? Anyone surprised by that ?


    There are over 50 different instances referencing Lou Dobbs. He misleads and misdirects and he will flip flop when he is caught between a rock and a hard place on his wild claims. CNN by extension is fast establishing itself as an anti-immigrant media house for purposes of ratings, on which is it fast loosing ground. Their latest hire Glenn Beck (http://mediamatters.org/items/200605100005) only shows that promoting such an agenda seems to save CNN's ratings from plunging to the bottom :

    MON., MAY 22, 2006 VIEWERS

    FNC O'REILLY 2,105,000
    FNC HANNITY/COLMES 1,666,000
    FNC GRETA 1,494,000
    FNC HUME 1,341,000
    FNC SHEP SMITH 1,215,000
    CNN KING 885,000
    CNN DOBBS 702,000
    CNN BLITZER 592,000
    CNN COOPER 590,000
    CNN ZAHN 527,000
    CNNHN GRACE 487,000
    MSNBC HARDBALL 471,000
    MSNBC OLBERMANN 406,000



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  • kutra
    07-14 07:30 AM
    I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
    at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions

    Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.

    IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.

    On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!

    Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.

    P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!





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  • krishna.ahd
    12-26 03:31 PM
    A full fledged war between India and Pakistan is very very unlikely.
    Look at stratfor.com



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  • Rayyan
    01-07 11:07 AM
    Pathetic!!!!!!!!!!

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

    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
    __________________





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  • pappu
    07-13 11:37 AM
    My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
    When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
    I guess they will find some other way to mess up.

    IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.





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  • puddonhead
    06-26 10:38 PM
    Home size may be smaller, but the land (plot) also got smaller...

    So the point is that it is pointless to compare median home prices.

    If you want to do the comparison - Case Shiller is a better bet. It tracks the sale prices of the same homes. Wiki link (http://en.wikipedia.org/wiki/Case-Shiller_index)

    Case Shiller Index in
    1987: 62.03
    2006 Q2 (Peak of the bubble): 189.93

    Increase - 306% over 20 years - i.e. 4.5% compounded (assuming annual compounding - less with contineous compounding).

    Compare that with other investment vehicles (e.g. the stock index) - and tell me who would have more net worth - the one who invested in a house or the one who kept investing every month in the stock market.





    sanju
    01-06 05:20 PM
    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.


    Look dude, your rants are not helping to get support for Palestine cause. To the contrary, your rants is likely to drive people away and people are likely going to be less sympathic for the palestinian people.

    So you have a problem with the term "Islamic Terrorism". Why is that? Weren't the terrorist conducting such acts in the name of their religion which is islam. So whats wrong with the term "Islamic Terrorism". I don't see anything wrong with that term. Do you?

    Why should I care for someone across the world? And are you going to force me to care for someone I don't care? Is that what your objective is?

    Dude, why just cry over hundred of muslims when millions were slaughtered by muslims in sudan. What about the role of muslims in Sudan?
    http://arabracismislamofascism.wordpress.com/2008/08/12/cbs-60-minutes-failes-to-mention-muslim-role-in-sudan-genocide/

    Here is an example when press deliberatly ignores mentioning that millions were killed by who - ISLAMIC FACIST MALITIA. Why are you always blaming media for reporting what they report. A lot of times, just to be politically correct, media OVERLOOKS mentioning the IMPORTANT FACTS like millions killed by ISLAMIC FACIST MALITIA IN SUDAN.


    Don't tell me members of this forum didn't blame muslims and their faith.


    Big deal, people were merely expressing their opinion freely, is that bad?
    Some member of this forum forum did blame muslims anf their faith, but ALL members of this forum did not blame muslims and their faith. I remember Drirshad, bafidia, budyinsfo who are members of the same forum were not blaming muslims. So ALL members of the forum were not blaiming muslims just as your assertion that ALL muslims do not support TERRORIST and TERRORISM.



    Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.


    Well don't, because your religious leaders preach terrorism and they are to be blamed and not me. People who follow those religious leaders who preach hate and terror are to be blamed, not me.

    I hope you see what you are doing to the crowd here. Most people are sympathic towards the palenstine in some way although most people here acknowledge that Hamas is a terroist organization. But your rants are converting this crowd into justifying Isreal. Your behavior is no different than the behavior of the Palestine leaders which drive away people/counteries who are/maybe sym,pathic towards them. So please step back and question yourself, why are you deliberatly provoking this crowd by posting such stuff. What is your objective?



    .





    mariner5555
    04-14 02:39 PM
    Glad to know that you remember me. I don’t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.
    what is your point duuude when you say "Let’s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid “do you like the house?”. He will reply “it’s very nice dad, but can you give you give my childhood now?.”
    do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.