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mrajatish

04-08 11:39 PM

I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?

2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.

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gc03

05-17 12:54 PM

learning01, I do not agree with you. You should better use different language. I am not here to promote or demote anyone.

Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.

It's ideal to say thanks and indirectly ask him to publish legal immigration problems.

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DallasBlue

07-08 12:00 AM

I guess a good CPA can be lot of help as well. if your husband doesnt have paystubbs and w2 company/CPA's can actually go back and correct them for mistakes/miscalculations.

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gc4me

03-25 02:05 PM

my 2 cents about real estate ......

Think these 3 things before buying a house

1. Location 2. Location and 3. Location

The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.

Also read this news.....I guess wait 6 more months before you buy a home
http://biz.yahoo.com/ap/080325/home_prices.html

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Beemar

12-26 12:52 PM

Guys,

Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

Both India and pak have canceled the leaves of their military personnel.

People in border villages of Rajasthan are evacuating.

CNN has been reporting that paki troops are on the move.

If my hunch in right, something big will happen in next 24 hours.

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msngroups

05-16 01:18 PM

US laws are really sucking. You come here on H1B visa, live here for 8 yrs and still on H1B visa and no Green card. Reason sucking laws that if you change your employers, your Green card processing goes waste every time.

What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????

The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.

Here no freedom for Employees. It is EMPLOYER driven.

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manub

07-07 10:19 PM

This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

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qasleuth

06-05 11:37 AM

Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?


It is December 1st not November 30th.

http://www.federalhousingtaxcredit.com/2009/faq.php

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nogc_noproblem

08-05 01:14 PM

A man staggers into an emergency room with a concussion...

..., multiple bruises, two black eyes, and a five iron wrapped tightly around his throat. Naturally, the doctor asks him what a happened.

�Well, it was like this,� said the man. �I was having a quite round of golf with my wife when a at a difficult hole, we both sliced our balls into a pasture of cows. We went to look for them and while I was rooting around, I noticed one of the cows has something white in its rear end.�

I walked over and lifted up the tail, and sure enough, there was the gold ball with my wife�s monogram on it � stuck right in the middle of the Cow�s butt. That�s when I made my mistake.�

�What did you do?� asks the doctor.

�Well, I lifted the tail and yelled to my wife, Hey this looks like Yours!�

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unitednations

08-02 10:51 PM

ouch. there is always uncertainty, all steps of this gc process :(

thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.

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Marphad

12-17 02:48 PM

I never commented Muslims as terrorists and even don't believe so. If you read the title again, it clearly says "I hate converting terrorism to muslimism" - which few morons like Antulay are doing. They are actually indirectly trying to imply that.

If I meant anywhere that I have problem with muslims, believe me it will be writing issue. Yes, I do have problems with people who are Indian citizens but support Pakistan and terrorism.


What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.

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hpandey

06-25 04:13 PM

If you have only been reading all the doomsday articles on the net about another nosedive in the realestate market, then I must suggest you to step out and smell the coffee. Other than in a few areas like Detroit and Miami, the home prices are close to stable and are not heading to fall another 10%. When people write articles they want to sensationalize thier reports. What's happening in Detriot will not be happening everywhere in the nation. Real estate markets are very local and cannot be generalized. So anyone that is thinking that there is going to be another HUGE drop in home prices are mistaken.

Yes, you are right, absolutely no one can time the market. That is why it is a great strategy not to speculate, but go by the fact that real estate prices are affordable now and interest rates are the lowest in recent history. Don't think that just because there was a bubble you'll now get good homes for anything more than 5% discount.

Remember that you probably have a job in the city you live in, and that you are continually employed, means that there are other people around you with jobs. They are ready to snap up homes even before you get to see it from the inside. I see homes that are in bad shape in my county (Fairfax, VA) sitting in the market for months. But the ones that are good goes under contract in less than a week.

I agree with you . Most of the people in this thread against home ownership are thinking that house prices are going to keep on falling and interest rates are going to be this low forever based on front page news articles.

I think its time for people to realize that the housing bubble burst in 2007 and we are already two years into it . The people who brought houses in the period of 2003 - 2007 suffered since they bought when the bubble was peaking but in the last two years the price correction has happened and in most good areas the prices are not falling anymore.

I am not asking anyone to buy or rent .. its a personal decision but if you believe that one year down the line you will get a more cheaper house and the interest rates would still be at 5 % you should think twice .

House is not an investment but a side effect of home ownership is that you will end up with a property but if you continue to rent you are sure to end up with nothing .

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Macaca

12-23 09:42 PM

Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007

No one is calling 2007 a banner year for the technology industry in the U.S. Congress.

Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.

"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.

Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.

It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.

Members of the tech community point to some success in Congress this year:

Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.

Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.

The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.

"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.

Some successes the tech community can point to, however, were partial victories:

Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.

Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.

But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.

The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.

Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.

But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.

Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.

In many other areas, Congress failed to act on legislation many tech groups called for:

Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.

Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.

Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.

Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.

Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.

Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."

H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.

Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."

But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.

Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.

Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.

Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.

Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.

Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.

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siravi

09-30 05:41 PM

If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.


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

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

Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.

Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.

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jungalee43

07-28 03:19 PM

The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

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unitednations

07-08 05:49 PM

.

These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

Chennai and california service center are pretty much standard in what they look for and request.

I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

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.

Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.

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dixie

07-15 12:49 PM

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

When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.

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krishna.ahd

12-26 08:05 PM

I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...
Thats Right , no one wants War that too at this economic conditions
But Pak should not consider that as our weakness
So
Attack on terrorist camps at POK or within Pak too -
- I belive thats what Indian Gov is planning , we all know our politician when they say no - means that is for sure going to happen
Cut off all ties with Pak , first stop that Samjautha Exp , and all flights to Karachi
Work diplomatic way and get it declare Pak as terrorist state
Let Pak collapse on economic front

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mbartosik

04-09 01:50 AM

I cannot remember what FHA is. If it is what I'm guessing, then my income would have been too high anyway. Basically the broker found something that I liked, in the end I paid less than most US citizens pay, but that was because I took an 5 ARM and was happy for it to adjust where as most take a 30 year fixed. I worked the mortgage system to my advantage, more to do with personal finance than immigration status.

My basic points are be knowledgeable in the mortgage technical details, and a broker should be able to find you something good assuming you have good credit and deposit. Only put people with SSN on mortgage. If you use the seller's realtor (after agreeing price terms etc) to find mortgage (if they are licensed, and legal in your state) then they may work double hard because they lose double if it don't work, but be aware of the conflict of interest, understand all technical details, and make deposits if any contingent on something you like (not just mortgage acceptance -- otherwise you could be 'accepted' for at a 10% APR). You are the boss not them. Since you may be more vulnerable to job prospects, factor that into the about of debt you are prepared to accept -- all personal finance more than immigration.

You might also like to consider independently getting a valuation and inspection of the property, paid for by you directly, not via mortgage application. I am more bothered in conflict of interest there. But in my case I knew mortgage finance inside out after my research, but knew less about home inspections and valuations.

My experience is that finance industry here knows little about GC, H1, AOS, etc. they care about credit score, SSN, deposit, employment/salary verification, state ID (maybe), and their commission. Do not handicap yourself.

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pani_6

07-13 01:15 PM

What ever you might say Lawyers acted in DOL advise..


Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.

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srkamath

07-13 12:16 PM

It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

This is a small incremental step - but it may help with using up a few 1000 extra numbers.

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