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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.





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  • mrajatish
    04-09 11:42 AM
    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.





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  • nogc_noproblem
    08-22 02:52 PM
    Satan was complaining bitterly to God, "You made the world so that it was not fair, and you made it so that most people would have to struggle every day, fight against their innate wishes and desires, and deal with all sorts of losses, grief, disasters, and catastrophes. Yet people worship and adore you. People fight, get arrested, and cheat each other, and I get blamed, even when it is not my fault. Sure, I'm evil, but give me a break. Can't you do something to make them stop blaming me?"

    And so God created lawyers.





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  • Waitingnvain
    01-30 10:24 PM
    I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.



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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.





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  • pete
    04-09 01:01 PM
    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.



    I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

    We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.



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  • Macaca
    02-18 01:11 PM
    Mickey Goes to Washington (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/13/AR2008021302837.html) Lobbyists for America's richest mouse set out to persuade Congress to scare up $200 million to promote U.S. tourist destinations By Jeffrey H. Birnbaum | WP, Feb 17





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  • GCA
    08-05 02:11 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..



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  • dontcareanymore
    08-05 02:53 PM
    I also resent the idea that all US Masters folks are just "rich kids".

    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.





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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.



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  • Macaca
    12-29 08:07 PM
    Watch Out for Russian Wild Card in Asia-Pacific (http://www.realclearworld.com/articles/2010/12/29/watch_out_for_russian_wild_card_in_asia-pacific__99333.html) By John Lee | Australian

    Just before we were tucking into Christmas turkey and plum pudding, Russian President Dmitry Medvedev met his Indian counterpart Prime Minister Manmohan Singh in New Delhi to reaffirm what the Russian leader called a "privileged partnership" between the two countries.

    By contrast, Australia sees little role for Moscow in the future Asian balance of power, where the former superpower was mentioned in passing only twice in the 2009 defence white paper.

    But other countries are not making the same mistake.

    If India is the "swing state" in Asia's future balance of power, as a prominent CIA 2005 report put it, New Delhi is well aware that Russia remains the wild card in the region.

    Medvedev and Singh signed more than 20 agreements ranging from agreements to supply India with natural gas, reaffirming a commitment for a third Indian nuclear power plant to be built by Russian engineers, and the signing of a contract for the joint development of between 250-300 fifth generation fighter aircraft.

    Over the next 15 years, it is estimated that every second overseas nuclear reactor built by the Russians will be in India, while New Delhi could be the destination for more than half of all Russian arms exports in the next five years.

    It is no surprise that Russia is pulling out all the stops to court India.

    After all, its two main exports - energy and arms - are exactly what India needs.

    There is a long economic and strategic history of partnership between the two countries that began in the 1950s when the former Soviet Union and India became allies.

    But just as Moscow sees new opportunities in a rising India, New Delhi still sees value in a declining Russia.

    The problem for Russia is not just the collapse of the Soviet Union in 1991 and a patchy commitment to economic reform after the Boris Yeltsin era, but a declining population.

    Russia has experienced periods of dramatic population decline before, from 1917-23, 1933-34 and 1941-46.

    Since 1992, and despite the absence of famine or war, Russian deaths have exceeded births by a staggering 13 million.

    With 141 million people now, numbers could be as low as 120 million by 2030.

    Nevertheless, there are strong reasons to believe that Russia can play the wildcard role in Asia's future balance of power.

    First, the common wisdom that Russia is moving closer to China in order to counterbalance America and its European and Asian allies and partners is incorrect, meaning that the Russian wild card is still very much in play.

    While Russia is preoccupied with regaining its influence in parts of eastern Europe, Moscow is also warily watching China's unauthorised movements into Siberia and the Far East.

    Beijing is about six times closer to the port city of Vladivostok than is Moscow, which has very weak administrative control over its eastern territories.

    Already, an estimated 200,000 to 500,000 Chinese nationals have illegally settled in these oil, gas and timber-rich areas.

    Beijing is also tempted by Siberia's freshwater supply, given that China already has severe shortages throughout the country.

    The Russian Far East is inhabited by only six million people, while the three provinces in northeast China have about 110 million Chinese inhabitants. By 2020, more than 100 million Chinese will live less than 100km to the south of these Russian territories, whose population will then number between five million and 10 million.

    As Medvedev recently admitted, if Russia does not secure its presence in the Far East, it could eventually "lose everything" to the Chinese.

    The point is that Russia will have as much reason to balance against China's rise as encouraging it. As the godfather of geopolitics, Nicholas Spykman, put it, the key is to control the Rimland (Western, Southern and Eastern) Eurasia.

    A small handful of long-sighted strategists in Washington, Tokyo, Moscow and New Delhi see potential for a grand alliance of convenience that can effectively constrain Chinese influence in Central, South and East Asia. How Russia plays its strategic cards in this context will go a long way in shaping Eurasia.

    That Russia may choose to tilt the balance against China in the future is also backed by diverging world views of these two countries.

    Should China continue its rise, Washington, Tokyo, New Delhi and Moscow will seek a favourable multipolar balance of power in Asia, even if it remains under American leadership.

    By contrast, China sees the coming regional and world order as a bipolar one defined by US-China competition, with powers such as the EU countries, Japan, India and Russia relegated to the second tier, something that is very difficult for a proud "Asian" power such as Russia to accept.

    Second, a declining Russia retains significant national and institutional strengths. For example, Russia will remain a legitimate nuclear military power with a large and pre-existing nuclear arsenal. It is also a genuine energy superpower and a global leader in advanced weaponry technologies.

    These factors all but guarantee Moscow a prominent position in the future strategic-military balance.

    Furthermore, Russia will retain its veto as a permanent member of the Security Council.

    Given the difficulty of reforming the council, Moscow will continue to exercise a disproportionate influence through the UN, even if it continues to decline as a country.

    Finally, Russia has that indefinable quality of seeing itself as a natural great power. This all adds up to Russia remaining a big player in Asia, with significant ability to influence, disrupt and complicate the plans of other great powers, even if it can no longer be dominant.

    New Delhi and Beijing believe that Moscow is well position to remain Asia's wild card.

    Australia should prepare for this as well.

    John Lee is a foreign policy fellow at the Centre for Independent Studies in Sydney and a visiting fellow at the Hudson Institute in Washington, DC.





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  • another one
    12-18 08:59 AM
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.


    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.



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  • Ahimsa
    11-13 06:37 PM
    Just watched Lou Dobbs tonight.

    Lou tried his usual tactic of calling politicians "powerful".
    He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".

    Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."

    Lou will never change his course...





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  • desi3933
    08-05 03:33 PM
    ....

    I am glad you took your post after I placed details about the law.



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  • Macaca
    11-20 11:02 AM
    A Call to Advocacy for Nonprofits (http://www.washingtonpost.com/wp-dyn/content/article/2007/11/19/AR2007111901333.html) By Jeffrey H. Birnbaum | Washington Post, November 20, 2007

    Charities are sweet things, but Gary D. Bass wants them to get rough and tumble when it comes to dealing with government.

    In his new book, "Seen But Not Heard: Strengthening Nonprofit Advocacy," Bass and three co-authors argue that charities need to lobby more often and more effectively. "Democracy would be better off," said Bass, executive director of OMB Watch, a nonprofit group that pushes for government accountability.

    Most people -- and, clearly, most charities -- think of lobbyists as corporate frontmen trying to grab taxpayer largesse for themselves. They also consider lobbying kind of dirty, given the criminality of infamous lobbyists such as the now-imprisoned Jack Abramoff.

    But lobbyists come in all shapes and sizes, including the charitable sort. Bass's book, which is part of a larger effort called the Strengthening Nonprofit Advocacy Project, or SNAP, is a useful reminder of that.

    Bass has been trying to convince charities for years that they should not be afraid to lobby. He and others, including the Center for Lobbying in the Public Interest, have even devised ways to ease -- or at least simplify -- the limitations now imposed on charities so they can press their causes more aggressively.

    That's right, they are lobbying to be allowed to lobby more.

    Conservative lawmakers and a few campaign-finance scholars don't like the idea. They worry that, among other things, the ability of charities to keep their donors anonymous could lead to huge and largely untraceable infusions of cash into elections, all under the guise of lobbying.

    And please, call it advocacy. Charities don't like to use the "L" word. Only a third of nonprofits polled recently owned up to "lobbying" two or more times a month. But when asked if they "advocate," closer to half admitted to that.

    Many nonprofits also are unsure how much lobbying the law permits them to do. Only 72 percent even knew that they could support or oppose federal legislation. (They can, up to a point.)

    Bass's biggest problem is convincing charities that they not only can make their case to government, but that they really ought to do so . In effect, he needs to convince his fellow do-gooders that lobbying is not so bad.

    "Nonprofit lobbyists have been involved in nearly every major public policy accomplishment in this country -- from civil rights to environmental protection to health care," Bass said in an e-mail. "Tens of thousands of lives have been saved by passing laws that improve car safety and reduce drunk driving."

    "In other words, nonprofit lobbying is an honorable tradition," he added, "and not just the ugly Abramoff side" of the profession.

    Convincing charities of that, however, will not be a snap.





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  • prince_waiting
    08-05 11:03 AM
    1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.


    2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.


    3. Marriage: It's an agreement in which a man loses his bachelor degree
    and a woman gains her master


    4. Divorce: Future tense of marriage


    5. Lecture: An art of transferring information from the notes of the
    lecturer to the notes of the students without passing through "the minds of either".


    6. Conference: The confusion of one man multiplied by the number present.


    7. Compromise: The art of dividing a cake in such a way that everybody
    believes he got the biggest piece.


    8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.


    9. Dictionary: A place where divorce comes before marriage.


    10. Conference Room: A place where everybody talks, nobody listens &
    everybody disagrees later on.


    11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.


    12. Classic: A book which people praise, but doesn�t read.


    13. Smile: A curve that can set a lot of things straight.


    14. Office: A place where you can relax after your strenuous home life.


    15. Yawn: The only time some married men ever get to open their mouth.


    16. Etc.: A sign to make others believe that you know more than you
    actually do.
    17. Committee: Individuals who can do nothing individually and sit to
    decide that nothing can be done together.


    18. Experience: The name men give to their mistakes.


    19. Atom Bomb: An invention to end all inventions.


    20. Philosopher: A fool who torments himself during life, to be spoken of when dead.


    21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.


    22. Opportunist: A person who starts taking bath if he accidentally falls into a river.


    23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."


    24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.


    25. Miser: A person who lives poor so that he can die rich.


    26. Father: A banker provided by nature.


    27. Criminal: A guy no different from the rest... except that he got
    caught.


    28. Boss: Someone who is early when you are late and late when you are
    early.


    29. Politician: One who shakes your hand before elections and your
    confidence after the elections.


    30. Doctor: A person who kills your ills by pills, and kills you with his bills.



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  • JunRN
    06-07 01:39 AM
    Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?

    No one will argue with you about buying a house for yours kids pleasure though.

    If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?

    As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.

    For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.

    If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.





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  • desi3933
    07-11 10:41 AM
    ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.





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  • ksvreg
    03-23 02:21 PM
    People who got GC are not facing any waves. That is why we need to get GC asap. If we struck in the GC process though we have a strong profile (careerwise, w2wise, taxwise, educationwise etc), we need to face waves like recession wave, backlog/perm wave, merging wave, economy wave, I140premium/nopremium wave, bipart wave, 2001 eb3stuck wave, magic visa bulletin wave, technology wave, visa stamping wave, uscis reform wave, dol wave, bulletin wave..





    unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.





    ShantiRam
    07-11 09:12 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    Anyone - united nations - please advice.