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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.





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  • allinall
    01-06 03:21 PM
    Hello all,
    What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.





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  • walking_dude
    08-05 10:39 AM
    Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.

    Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?

    All I am saying is don't take decisions based on emotion. Give reality a chance.

    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.





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  • Raju
    05-24 03:32 PM
    Raju, the unemployment is at 4.7%. That is good, but how about earning power and wage increases ? I hear all the time my friends report that they can no longer afford goods and services as they did five or four years ago. There are plenty of evidence that in many sectors wages have dropped or have stagnated. Is that indication of surplus pr shortage of workers ?

    Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.

    I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.

    I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.



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  • conchshell
    08-06 10:09 AM
    All monkeys also interfiled and became lions.

    This is too funny ... monkeys interfiling and becoming Lions :D:D





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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.



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  • langagadu
    12-26 11:25 PM
    Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.

    Peace


    I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

    Thanks,





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  • mirage
    08-05 07:34 AM
    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





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  • senthil1
    05-17 02:08 PM
    Anyhow there are more chances for increasing H1b numbers at this situation with some restrictions(Our Indian companies will easily find a loophole for any law).Banning of H1B for bodyshopping or consulting will be impossible. Wait and watch for how CIRcus unfolds for next few weeks.

    Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.



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  • imvoice1234
    01-08 12:18 PM
    Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.





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  • DSJ
    05-16 12:14 PM
    You should see working them after banning consulting company or body shopping, they will be worst than consulting company. Everybody is here to make money no one will be spared.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.



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  • fcres
    08-07 04:40 PM
    UN,

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?

    Is this what you were looking for? Its in this thread itself.

    http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74





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  • jonty_11
    04-09 11:28 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....
    matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.

    IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.



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  • Macaca
    05-02 05:45 PM
    Glass Half Full on Obama's New National Security Team (http://www.worldpoliticsreview.com/articles/8696/the-new-rules-glass-half-full-on-obamas-new-national-security-team) By THOMAS P.M. BARNETT | World Politics Review

    President Barack Obama reshuffled his national security team last week, and the reviews were overwhelmingly positive. The White House proclaimed that this was the "strongest possible team," leaving unanswered the question, "Toward what end?" Obama's choices represent the continued reduction of the role of security as an administration priority. That fits into his determined strategy to reduce America's overseas military commitments amid the country's ongoing fiscal distress. Obama foresees a smaller, increasingly background role for U.S. security in the world, and these selections feed that pattern.

    First, there is Leon Panetta's move from director of the Central Intelligence Agency to secretary of defense. When you're looking for $400 billion in future military cuts, Panetta's credentials apply nicely: former White House chief of staff and director of the Office of Management and Budget under President Bill Clinton, and 9-term congressman from defense-heavy California. But, truth be told, Panetta wasn't the president's first choice -- or his second, third, fourth or fifth.

    According to my Pentagon sources, the job was initially offered to Hillary Clinton, who would have been a compelling candidate for the real task at hand: working to get more help from our European allies for today's potpourri of security hotspots, while reaching out to the logical partners of tomorrow -- like rising China, India, Turkey, South Africa and Brazil, among others. She would have brought an international star power and bevy of personal connections to those delicate efforts that Panetta will never muster. But Clinton has had enough of nonstop globe-hopping and will be gone at the end of Obama's first term.

    Colin Powell, next offered the job, would have been another high-wattage selection, commanding respect in capitals around the world. But Powell demanded that his perennial wingman, Richard Armitage, be named deputy secretary, and that was apparently a no-go from the White House, most likely for fear that the general was set on creating his own little empire in the Pentagon. Again, too bad: Powell would have brought a deep concern for the future of U.S. national security that Panetta -- with the "green eye shades" mentality of a budget-crunching guy -- lacks.

    Three others were then offered the job: Rhode Island Sen. Jack Reed; former deputy secretary of defense and current Center for Strategic and International Studies boss John Hamre; and former Navy Secretary Richard Danzig, who was long rumored to be Obama's preferred brainiac to ultimately replace Gates. But Reed feared exchanging his Senate seat for a short stint in the Pentagon if Obama loses; Hamre had made too many commitments to CSIS as part of a recent fund-raising drive; and Danzig couldn't manage the timing on the current appointment for personal reasons.

    All of this is to suggest the following: Panetta has been picked to do the dirty work of budget cuts through the remainder of the first term and nothing more. If Obama wins a second term, we may still see a technocrat of Danzig's caliber, such as current Undersecretary of Defense for Policy Michelle Flournoy, or a major-league star of the Clinton/Powell variety. But for now, the SECDEF's job is not to build diplomatic bridges, but to quietly dismantle acquisition programs. And yes, the world will pick up on that "declinist" vibe.

    Moving Gen. David Petraeus from commander of coalition forces in Afghanistan to director of the CIA has puzzled many observers, and more than a few have worried that this represents a renewed militarization of the agency. But here the truth is more prosaic: Obama simply doesn't want Petraeus as chairman of the Joint Chiefs of Staff, something conservatives have been pulling for. By shifting him to CIA, the White House neatly dead-ends his illustrious career.

    As Joint Chiefs chairman, Petraeus could have become an obstacle to Obama's plans to get us out of Afghanistan on schedule, wielding an effective political veto. He also would have presented more of a general political threat in the 2012 election, with the most plausible scenario being the vice-presidential slot for a GOP nominee looking to burnish his national security credentials. As far as candidate Obama is concerned, the Petraeus factor is much more easily managed now.

    Once the SECDEF selection process dropped down to Panetta, the White House saw a chance to kill two birds with one stone. Plus, Petraeus, with the Iraq and Afghanistan surges under his belt, is an unassailable choice for an administration that has deftly "symmetricized" Bush-Cheney's "war on terror," by fielding our special operations forces and CIA drones versus al-Qaida and its associated networks. If major military interventions are out and covert operations are in, then moving "King David" from ISAF to CIA ties off that pivot quite nicely.

    The other two major moves announced by the White House fit this general pattern of backburner-ing Afghanistan and prioritizing budget cuts. Ambassador Ryan Crocker, who partnered with Petraeus in Iraq during the surge, now takes over the same post in Afghanistan. Crocker is supremely experienced at negotiating withdrawals from delicate situations. Moving CENTCOM Deputy Commander Gen. John Allen over to replace Petraeus in Afghanistan is another comfort call: Allen likewise served with Petraeus in Iraq during the surge, when he was the key architect of the Sunni "awakening." Low-key and politically astute, Allen will be another quiet operator.

    Obama has shown by his handling to date of the NATO-led Libyan intervention that he is not to be deterred from his larger goal of dramatically reducing America's global security profile, putting it more realistically in line with the country's troubled finances. What the president has lacked so far in executing that delicate maneuver is some vision of how America plans to segue the international system from depending on America to play global policeman to policing itself.

    Our latest -- and possibly last -- "hurrah" with NATO notwithstanding, Obama has made no headway on reaching out to the world's rising powers, preferring to dream whimsically of a "world without nuclear weapons." In the most prominent case, he seems completely satisfied with letting our strategic relationship with China deteriorate dramatically while America funnels arms to all of Beijing's neighbors. And on future nuclear power Iran? Same solution.

    It's one thing to right-size America's global security profile, but quite another to prepare the global security environment for that change. Obama's recent national security selections tell us he remains firmly committed to the former and completely uninterested in the latter. That sort of "apr�s moi, le deluge" mindset may get him re-elected, but eventually either he or America will be forced into far harder international adjustments.





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  • Refugee_New
    01-06 02:32 PM
    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs

    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?



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  • unitednations
    03-24 04:08 PM
    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?


    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.





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  • number30
    03-26 06:09 PM
    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?

    No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.





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  • sc3
    07-14 04:23 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.


    The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I





    gcdreamer05
    03-23 02:02 PM
    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:

    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?





    delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.



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