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  • xyzgc
    12-30 12:42 AM
    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.





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  • vrbest
    03-23 08:10 AM
    I agree with all the posters here. I also went ahead and bought the house while on H1B. Me and my family are really happy with our decision.

    I got 100% loan (80-20) with no PMI. both 30yrs fixed. You can try with Mortgage agents who would do better deal initially and may transfer loan to big companies later. I got it at 5.7% first and 7% second last year.
    Best of luck on your new Home(Lifestyle)!





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  • ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.





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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.



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  • rajuseattle
    07-14 08:59 PM
    digital2k,

    Petition or efforts to recapture wasted VISA numbers is a good effort and I do support that inititiative.

    But their seems to be other petition floating around which ignited verbal fighting/arguments between EB-2 and EB-3 indians, that's harmful for the unity of this community (IV).

    I was against that petition which was written to Charles oppenheim complaning about the allocation of spill over VISA numbers to EB-2 India and China.


    I hope this explains my stand on IV efforts.





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  • Macaca
    07-08 06:54 PM
    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.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • mrajatish
    04-09 11:53 AM
    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?





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  • BECsufferer
    06-20 10:28 AM
    Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.

    Real estate is always a local phenomena. So those of you who are following national guidelines are misleading yourselves. Unless you are major investor, who would like to keep his/her real estate portfolio diverse, national level real estate indicator is not of much use.

    I bought a foreclosed house few months ago, but before that did thorough study at personal level. Not only analytically study your market, but also "go to genba". Feel the pulse, find where and what kind of people live in those sub-divisions.

    If you are leaning towards investing, lean with good intent. Avoid risk by thouroughly understanding your financial situation. I went with 30 yr fixed, to be conservative.

    Finally, have guts to make a call, either way. It's the right time, I would say.



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  • javadeveloper
    08-02 12:11 PM
    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.

    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong





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  • jgh_res
    06-12 10:57 AM
    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.

    http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".


    Guys.. stay put for now..
    Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

    Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

    When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.



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  • mariner5555
    03-24 01:59 PM
    True.

    I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?
    They should not end up as "GC" victims.
    (my final thoughts ...)
    well one point is clear - those who have a house will justify it and those who rent will justify the same.
    I don't expect those who bought house to say that they made a mistake ..they have to justify (rightly) their decision even if they paid more. and I agree with them.
    both have their valid points but from what I have observed quality of life actually goes down a little when you buy a house at inflated prices or buy a house beyond yr means (as both hus / wife have to work etc etc ..many even end up cooking food once a week - if u know what I mean).
    I am from bombay -- and actually we had more fun in the buildings / apartments because you end up spending more time outdoors with friends. now ofcourse people will say they stayed in bungalows in smaller cities and they had fun too ..and I agree. similarly I know few people / friends who bought houses here (in USA) in such isolated / wealthy surroundings that their kid / kids have no friends !! ,
    similarly other in a hurry brought a house so far from work / city that they are in a soup !! some of their wives simply cannot drive or will take years to learn or they have only one car ..the net result - husband goes to work from 8 to 7 (including transit time) - kids end up at home (ofcourse they run up and down the stairs - watching TV). whereas in an apt - the chances that you would find someone in similar position is more (i.e. kids of same age who can play together is higher). maybe when they grow and go to school - things will be better -- I guess in the end it is personal.
    ...also just because someone buys a house - doesnt necessarily mean higher std of living and simarly those who rent - it doesnt mean that they have lower std of living ...in the end it is personal decision !! but in present scenario --- looking before leaping definitely makes sense. rather than buying a house quickly - just because everyone else is doing the same ..).
    BTW there are lots of articles out there which explains why renting is not throwing money away !!





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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.



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  • Administrator2
    01-08 03:56 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2





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  • riva2005
    04-09 11:41 AM
    Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.

    Its a zero sum game.

    We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.

    Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?



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  • nojoke
    01-04 04:22 PM
    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

    See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.





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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.



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  • Macaca
    05-02 05:32 PM
    America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.



    Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial





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  • gclabor07
    08-05 11:48 AM
    Folks,

    Here are my thoughts on this based on my personal experience.

    USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

    I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

    Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.





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  • puddonhead
    06-05 04:20 PM
    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    Own: 13k + 9k - 1k ~ 20-21k.
    Rent: 18k

    I did not take investment return into account. If you do that - then I believe real estate would perform poorly in terms of return/risk when compared with almost any other investment - but all that is speculative anyway and hence better left out of the calculation.


    So - in the example you have given - renting would come out ahead.

    However, in ValidIV's example buying would be superior to renting.





    ss1026
    12-22 11:14 PM
    Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
    We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.

    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm





    waitnwatch
    08-05 05:22 PM
    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.



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