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  • lvgc
    07-14 01:29 PM
    Table 6 at
    http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm





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  • sledge_hammer
    03-24 02:42 PM
    ganguteli:

    Don't get me wrong, I feel you!

    But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.

    We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.

    Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!

    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .





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  • Macaca
    02-24 08:17 AM
    Some paras from Democrats Offer Up Chairmen For Donors (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/23/AR2007022301978.html), By Jeffrey H. Birnbaum and John Solomon (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum++and+john+solomon/), Washington Post Staff Writers, Saturday, February 24, 2007

    Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.

    In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.

    The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.

    The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.

    In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.

    The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.

    And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?



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  • krishnam70
    03-26 07:59 PM
    [QUOTE=unitednations;329983]
    Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.

    - cheers
    kris





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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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  • rsdang
    08-29 11:52 AM
    The Indian Chief proclaims, "So, you are the great Lone Ranger. In honor of the Harvest Festival, you will be executed in three days. But, before I kill you, I will grant you three requests


    What is your first request?"

    The Lone Ranger responds, "I'd like to speak to my horse."

    The Chief nods and Silver is brought before the Lone Ranger, who whispers in Silver's ear and the horse gallops away. Later that evening, Silver returns with a beautiful blonde woman on his back.
    As the Indian Chief watches, the blonde enters the Lone Ranger's tent and spends the night. !

    The next morning the Indian Chief admits he's impressed. "You have a very fine and loyal horse but I will still kill you in two days. What is your second request?"

    The Lone Ranger again asks to speak to his horse. Silver is brought to him, and he again whispers in the horse's ear. As before, Silver takes off across the plains and disappears over the horizon.
    Later that evening, to the Chief's surprise, Silver again returns, this time with a brunette, even more attractive than the blonde. She enters the Lone Ranger's tent and spends the night.

    The following morning the Indian Chief is again impressed. ! "You are indeed a man of many talents but I still kill you tomorrow. "What is your last request?"

    The Lone Ranger responds, "I'd like to speak to my horse....alone."

    The Chief is curious but he agrees and Silver is brought to the Lone Ranger's tent.

    Once they're alone, the Lone Ranger grabs Silver by both ears, looks him square in the eye and says, ; "Listen very carefully you dumb ass horse. For the last time . . . BRING POSSEE".





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  • Macaca
    05-20 06:21 PM
    Diplomatically Insulting the Chinese (http://nationalinterest.org/commentary/diplomatically-insulting-the-chinese-5329) By Ted Galen Carpenter | The National Interest

    May 2011 is likely to go down as an especially important and intensive period in U.S.-China relations. Leaders of the two countries held the latest annual session of the bilateral Strategic and Economic Dialogue on May 9-10. And this week, eight high-ranking Chinese generals, led by Chen Bingde, chief of the general staff of the People�s Liberation Army, will meet their Pentagon counterparts and then tour selected U.S. military installations.

    The conventional wisdom is that these events mark a dramatic improvement in a relationship that has been marked by growing tensions in recent years. That interpretation is partially correct, but there are some worrisome countercurrents that are also important. Despite the improving communication between the two sides, U.S.-China relations remain strained, and there are troublesome issues that will not be easy to ameliorate, much less resolve.

    The opening day of the Strategic and Economic Dialogue illustrated both positive and negative trends. On the positive side, the Chinese delegation for the first time included high-level officers of the PLA. Their absence from those meetings in previous years left a noticeable void in the discussions, especially on such crucial issues as nuclear weapons policy and the military uses of space. American officials also viewed the lack of a military contingent in the Chinese delegation as tangible evidence of the PLA�s continuing wariness, if not outright hostility, toward the United States. The presence of those leaders in the latest dialogue was an indication that the cold war that had developed between the PLA and the Pentagon since the collision between a U.S. spy plane and a Chinese jet fighter in 2001 was finally beginning to thaw.

    On the other hand, the opening remarks of Vice President Joe Biden, Secretary of State Hillary Clinton, and other U.S. officials struck a confrontational tone. They expressed sharp criticism of Beijing�s recent arrests of activists and artists following the pro-democracy uprisings in the Middle East. More broadly, Clinton stated that �We have made very clear, publicly and privately, our concern about human rights.� In an interview in The Atlantic, released during the talks, Clinton was even more caustic, accusing China�s leaders of trying �to stop history,� which she described as �a fool�s errand.�

    It was not surprising that the U.S. delegation would raise the human rights issue in the course of the dialogue. But it was not the most constructive and astute diplomacy to highlight during the opening session perhaps the most contentious topic on the agenda. A senior administration official later stated that the discussions on human rights were �very candid,� which was probably an understatement.

    The broader context of the opening session was not overly friendly either. While that session was taking place, President Obama conducted a lengthy telephone conversation with Indian Prime Minister Manmohan Singh. The White House issued a bland statement that the two leaders discussed matters of bilateral and international concern, including the killing of Osama Bin Laden, but the underlying message to the Chinese was anything but subtle. The timing especially sent a signal to PRC leaders that in addition to Washington�s strategic links with its traditional allies in China�s neighborhood (especially Japan), the United States had key options available regarding the other rising regional giant�and Chinese strategic competitor�India. As in the case of the lectures on human rights, highlighting U.S.-India ties at that moment did not help ease bilateral tensions with Beijing.

    Even when U.S. officials ostensibly sought to be conciliatory, the attempt often came across as self-serving and borderline condescending. Secretary of the Treasury Tim Geithner, for example, praised some �very promising changes� in Beijing�s economic policy that had taken place during the previous year, especially on the currency valuation issue. But there were few offers of economic carrots from the U.S. side. The emphasis was always on the concessions Washington expected from Beijing.

    The closed-door meetings appeared to be more constructive than the public session, as the participants reached agreement on a number of measures, both minor and significant. In the former category was the announcement of Beijing�s decision to offer twenty thousand scholarships to American students for study in China. In the latter category was a two-pronged agreement, which included both a commitment to conduct regular talks (dubbed �Strategic Security Dialogues�) regarding security problems in East Asia and a �framework for economic cooperation� to address the full range of occasionally contentious bilateral economic and financial issues. In addition, Beijing made commitments to increase the transparency of China�s economy, especially the government�s use of export credits.

    Progress on security and economic topics was gratifying and holds considerable potential. But whether the outcome deserves the label �milestone agreement,� as officials contended, remains to be seen. The significance of the accord depends heavily on the subsequent execution, especially on the Chinese side. Nevertheless, the dialogue clearly ended on a high note, and one that was better than anticipated following the U.S. delegation�s brusque comments at the opening session.

    Expectations regarding the visit of General Chen and his PLA colleagues are also upbeat. The visit itself is a significant breakthrough. Military-to-military relations have been tense and episodic for years. The most recent disruption occurred in early 2010 when Beijing angrily severed those ties following the Obama administration�s announcement of a multi-billion-dollar arms sale to Taiwan.

    Despite the cordial rhetoric accompanying this trip (and the full military honors accorded Chen during a ceremony at Fort Myer), the visit has far more symbolic than substantive importance. The U.S. and Chinese militaries are not about to become best friends. The best that can realistically be expected would be measures to improve communications between forces deployed in the air and on the sea in the Western Pacific region to reduce the danger of accidents or miscalculations. Any breakthrough on larger strategic disagreements will have to be reached between officials at higher pay grades than even General Chen and his American counterparts.

    The change in tone in the U.S.-China relationship is welcome, since better cooperation on both economic and strategic issues is important. Trends on both fronts over the past several years have been worrisome. A failure to cooperate on economic matters not only jeopardizes both the U.S. and Chinese economies, it also poses a threat to the global economic recovery. Animosity on security topics creates dangerous tensions in East Asia and undermines progress on such issues as preventing nuclear proliferation.

    Nevertheless, while China and the United States have significant interests in common, they also have some clashing concerns in both the economic and strategic arenas. There are bound to be tensions between the United States, the incumbent global economic leader and strategic hegemon, and China, the rapidly rising economic and military power. The critical task for leaders in both countries is to manage those tensions and to keep them under control.

    The political and diplomatic dance between such great powers is inevitably a wary, delicate one. But the alternative would be the kind of outright hostility that marked the relationship between the United States and the Soviet Union, and that would be to no one�s benefit.



    China must stop being so secretive about its military rise (http://blogs.telegraph.co.uk/news/peterfoster/100088783/china-must-stop-being-so-secretive-about-its-military-rise/) By Peter Foster | Telegraph
    Stealth has the smell of success (http://atimes.com/atimes/China/ME20Ad03.html) By Carlo Kopp | Asia Times
    A Rare-Earths Showdown Looms
    WTO litigation over China's export limits is inevitable unless Beijing comes to its senses. (http://online.wsj.com/article/SB10001424052748703509104576331010793763864.html)
    By JAMES BACCHUS | Wall Street Journal
    Chinese interests in Pacific nations: mining ventures in PNG (http://www.eastasiaforum.org/2011/05/19/chinese-interests-in-pacific-nations-mining-ventures-in-png/) By Graeme Smith | UTS and ANU
    China-risers should pause for breath (http://atimes.com/atimes/China/ME20Ad01.html) By Tom Engelhardt | Asia Times
    How China Gains from Fukushima (http://the-diplomat.com/2011/05/20/how-china-gains-from-fukushima/) By Saurav Jha | The Diplomat



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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..





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  • ita
    01-03 04:44 PM
    I'm not with those proposing war on this thread neither am I with those advocating no war (I felt most of the reasons, not all, were ugly).I was not keen about sharing my thoughts on this topic or may be I was not sure so I didn't join this thread earlier although I've been watching this thread.

    No matter what is being discussed on this thread there is no war imminent in South Asia ,which is good.There's not going to be any war not because of the reasons that some of the folks on this thread that are against war were citing . We all know the reasons why there won't be war.

    There's not much that we as individuals could do to wage a war or stop a war ,that's for sure at least for now.

    Nevertheless it's interesting discussion.

    That said now something for you alisa.

    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.

    If you would revisit the earlier posts on this thread you would find that we did trace that part of the circle. With due respect I would like to ask, now do you understand why 'nojoke' is calling you delirious?

    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.

    Please revisit the earlier posts on this thread you and all of your Pakistanis(that you are pitching in for) would get to know what you want to know.

    Now Specifically for you :

    1.Either you already know what you are doing -trying to take everyone on a silly logical ride
    or
    2.You don't know what you are doing and thus taking everyone along with yourself on this silly logical ride.

    If it's #1 we have many smart alecs in the society and that's nothing new.It's for us to royally ignore you unless of course someone wants to kill their time responding to you.

    If it's #2 , though you have not asked me here's a piece of friendly advice, take it or drop it,it's your choice.But before you go about posting on this thread next time sit down and contemplate your logic that's telling you what you are doing is right.See if you are convinced. That'll help you a lot in many aspects not just on the subject of this thread.
    Your this unending tireless logic that is so strong that it won't let you see that you are doing circles.Delirium would be one word for it but my explanation is the customized(for you) meaning of the word delirium which seems to suit you aptly for now.

    why apology I am not responsible for the actions of those people.

    you would find an answer to your this question if you went back to read your posts just yours not even other posts on this thread.

    Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be.

    Now if there were incidents like 9/11 going on in this country for last 20 years, all committed by South Asians and then a person from South Asia keeps arguing that Americans should not go to war against South Asia to deal with a problem that South Asia doesn't seem capable of dealing with then apology won't look silly to start with and here 'nojoke' is asking for an apology almost towards the tail end of the thread(Meaning all the folks on this thread have been really patient,understanding with you and your logic though we allcould see through it just after first 5-6 posts.)

    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you keep your house shabby,don't get rid of the garbage that you know is breeding those roaches and those roaches keep jumping on to the next house from yours ...the said neighbor has been patient with those roaches for like 20 years...then when he and the corporation think of taking action(clean up) the garbage in your place... then you/your house mates jump in to say that your neighbor,corporation and you should work together or wait for like another 20 years to get rid of those roaches when the actual work can be accomplished much sooner, who is at fault here?.

    I've also observed from all your posts that you keep citing example after example, when someone joins in to break your silly logic you royally ignore those posts ,go ahead and throw another logical example at another post that you choose.

    For instance refer to this answer from 'GCmuddu_H1BVadd' to you earlier post

    Well, if one provinance is joined hands with the theives then the police from second provinance should kick the other provinance's theives and police (as*).And yes a possible revilary between two provinances.

    Suppose there are theives from Bihar that come and rob you in West Bengal. You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.Or you have the two police departments work together to reduce crime rate in the future.


    Moral of the story:

    Till a certain point you were fine (where many of us thought that you are much better than 'Zeb','Shuuyaib') but then you started (you kow it or not ) playing this game where you concede a point only to keep peddling this haggard logic of yours.
    On a humorous note I guess you are trying to get solutions to all of the pakistan's problems for free on this forum from IV members(be it roaches, terrorists, non-state actors or the state itself.)

    So go on ...keep posting your delusions ...or give your self a chance to
    think what you are doing...I'm not saying you don't think(just that your logic in on what can be called irrelevant overdrive). I guess even you would agree that too much of anything is too bad be it terrorism or your haggard logic.

    All those who don't agree with me keep having fun with this handles posts.


    Thank you.



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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?





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  • aadimanav
    07-13 09:35 PM
    Version 2 of the "Petition to Recapture Lost Visas" is added here:

    http://immigrationvoice.org/forum/showthread.php?p=262392#post262392

    Please share your views.

    Thanks,



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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...





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  • RaviG
    07-14 08:42 PM
    The way it is working for EB2, it is going to work exactly for EB3.

    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.



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  • abcdgc
    12-27 12:25 AM
    Don't you think Pakistan already knows that?

    There is a difference between knowing and believing. Pakistan thinks that US will apply pressure and the war will not happen. I don't think so....

    India must conduct surgical strikes immediately and let the ball be in Pakistan's court. The world opinion will be with India to attack terrorist camps. If Pakistan uses nuclear weapons, so be it. First of all non of the 5 test conducted in 1998 were Pakistani devices. Those devices were Chinese and exploded by Chinese engineers. I don't think Pakistan has a workable nuclear weapon. And even if Pakistan has nuclear weapon, we know how to respond. This is war of the civilizations.

    Pakistani PM/FM is shouting in the media - We will respond - because they know they don't have what it takes to respond. So they have to compensate with shouting in the microphone. But to answer your question, Pakistan don't know and Pakistan don't understand the outrage in public of India. India is a democracy and over 80%-90% of people wants to respond to the war. If party in power do not respond, they will lose miserably in the next election. Pakistan doesn't know/understand this because Pakistan is not a democracy.


    Do you mean to say that the state and the government of Pakistan did this?

    Absolutely. ISI is part of Government of Pakistan.





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  • diptam
    08-05 04:37 PM
    I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.





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  • dba9ioracle
    08-05 01:42 PM
    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..





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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





    milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    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.





    pthoko
    07-12 12:09 AM
    No one??



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