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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.





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  • go_guy123
    09-27 12:31 PM
    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.

    Canada PR can no longer be backup...since 2002 the new rules have are requiring Canadian PRs to physically stay in Canada for 2 out of 5 years to
    maintain PR.





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  • satishku_2000
    04-12 05:48 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.



    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 .





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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    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."



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  • prioritydate
    01-10 11:29 AM
    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.


    If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!





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  • unitednations
    03-26 04:51 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.



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  • i4u
    09-20 08:11 AM
    How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
    How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?





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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    ...

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002



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  • Macaca
    10-14 04:25 PM
    Boxer Gets Boost in Industry Cash; But Aides Say Positions, Strategy Unchanged (http://rollcall.com/issues/53_41/news/20421-1.html) By John Stanton | Roll Call Staff, October 11, 2007

    With one eye on a possible 2010 re-election race against California Gov. Arnold Schwarzenegger (R) and the other firmly focused on the Environment and Public Works Committee, Chairwoman Barbara Boxer (D) is taking in increasing campaign contributions from industrial sectors and their unions with business before her panel.

    Boxer � who vaulted from a rank-and-file role on the committee to chairwoman following the 2006 elections and the retirement of then-ranking member Jim Jeffords (I-Vt.) � has long had a contentious relationship with industry. According to aides, she continues to maintain a ban on accepting political action committee contributions from a number of sectors, including oil and gas companies.

    Rose Kapolczynski, Boxer�s longtime campaign consultant, said Boxer has not changed her campaign fundraising strategy as a result of taking control of EPW and that she expects no major increases in contributions from industry once the cycle is completed.

    �I�d be surprised if there�s a major difference in the amount ... there may [just] be a difference in timing� of contributions by industry PACs, Kapolczynski said.

    Kapolczynski also said that in addition to maintaining her long-standing policy of not taking PAC dollars from the oil and gas industry and its top-level executives, Boxer�s rise to power has had no impact on her policy positions. �Anyone who�s followed Barbara Boxer�s career over the years understands there is one thing you can count on � you know where she stands on the issues. And whether she�s in the minority or the chairman, that�s not going to change.�

    But while environmentalists and other allies agree they have seen no significant sign that her long-standing commitment to their cause has waned with her ascension to power, Boxer has recorded what appears to be a significant uptick in funding from industries traditionally hostile to her philosophical positions.

    An analysis of campaign contributions this year through Aug. 30 showed that Boxer has taken in $41,000 from political action committees connected to the energy, natural resources, construction and transportation industries.

    According to CQ MoneyLine, the energy and natural resources sector so far this year ranks as Boxer�s second-largest source of PAC contributions, clocking in at $20,500.

    Labor unions, which have donated $57,650 to her campaign this year, rank as her top source of PAC dollars, and $21,500 of those funds come from unions connected to industries with business before the committee.

    Compared to the 2004 fundraising cycle � the last one in which Boxer was actively raising campaign funds, according to an aide � Boxer appears to be pulling significantly more cash from these sectors now than she was then. For instance, Boxer�s campaign reported $18,500 in total receipts from the energy and natural resources sector in all of 2003 and 2004, according to CQ MoneyLine, while the transportation sector donated $35,450, for a two-year total of $53,950 from these industries.

    While partisan fighting has largely stalled much of her environmental agenda this year � for instance, it appears unlikely that an ambitious climate change bill will be passed � the EPW Committee has successfully moved legislation key to industry.

    For example, Boxer successfully pushed through the Water Resources Development Act reauthorization bill this year. WRDA has long been a top priority for the construction and shipping industries, among others, since it provides billions in federal funding for public works projects such as levy construction and ship channel dredging. This year�s bill, which was vetoed by President Bush last month, included $20 billion in new federal spending.

    Similarly, Boxer�s committee is expected to pass a �technical corrections� bill making changes to the 2005 transportation authorization bill. The corrections measure, in addition to making modifications to the original law with millions of dollars for transportation firms across the country, also includes tens of millions in new spending, including a �mag-lev� railway project connecting the coast of California to Las Vegas.

    While lobbyists representing industries with business before Boxer�s committee declined to comment for this article, lobbyists and Democratic campaign strategists have noted a realignment now under way in Washington thanks to the 2006 elections that in many ways mirrors Boxer�s financial relationship with industry.

    For more than a decade, energy, natural resource and transportation industries and their PACs have tended to favor Republicans, who held control of Congress from 1994 through 2006, both in terms of spending and in whom they chose as lobbyists. But in the wake of the 2006 elections and the sudden ascendancy of Democrats to power in both chambers, those alliances have begun to shift.

    While Boxer has not shown any signs that her reliably progressive and pro-environmental positions are changing as a result of this new dynamic, one public interest advocate, who spoke on condition of anonymity, said Boxer and other Democrats clearly have begun reaping the benefits of power. �It�s good to be queen,� this source said.

    Democratic Senate aides said the veteran lawmaker is in the early stage of gearing up for her 2010 re-election fight, which could include a high-profile � and prohibitively expensive � showdown with Schwarzenegger, and that the increases in her fundraising are a reflection of that reality.

    Kapolczynski acknowledged the specter of a Schwarzenegger run but noted that any statewide race in California is a costly affair and nothing should be read into her donation increases other than the fact that she is prepping for her next re-election campaign. As a result, �she needs to prepare for a really tough race,� she said.

    Although state GOP sources said it appears unlikely at this point Schwarzenegger will make a run for the Senate, one Republican strategist noted the governor is infamous for holding his plans close to the vest until the last moment.

    �This is a guy who didn�t tell hardly anyone he was going to run for governor until he did,� the strategist noted. �He likes surprise and likes the theatrics of it all. He will keep everyone guessing till bitter end, I think. [But] everything I�ve seen so far is focused on being governor.�





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  • redcard
    03-24 03:01 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.



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  • thakurrajiv
    04-06 09:35 AM
    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier t his decade.
    Jung.lee very good second post from you. People still think it is very easy to keep on holding onto your home for long time till turn around happens.
    But life events can cause you to sell like
    1. Job loss and not able to find job in the same area till back up money runs out.
    2. Kids grow up and you need to pay for college and you have little saving as you are holding to see turn around
    3. Hope not but some medical emergency.

    There can be many more situations. Do you know what people are currently doing in these situation ?
    Get money from Home equity ATM machine !!

    Personally I will be scared to buy now as my payment will be more than 50% of my salary and any of above situations will cause me to sell.
    The prices have to become saner ....
    This is very different from anything we have seen. Wall street will change, money will be harder to come by.
    I think time to say " Welcome savings again ". Long term very good for US as country.





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  • willwin
    07-13 04:05 PM
    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......

    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.



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  • xyzgc
    01-03 06:20 PM
    Smash terror hideouts says Abdul Kalam.
    http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms





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  • axp817
    03-26 03:38 PM
    If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll

    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.



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  • dontcareanymore
    08-05 12:45 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?

    How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
    How about to see how long you have been with your employer and how long you intend to stay ?
    How about investigate all other GC apps from your employer and compare your job duties to to others

    I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.





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  • rajuram
    07-15 01:11 AM
    EB3 India guys, please send out the letter. We need to get our concerns out there. May be some one will listen. Please send a copy to Zoe Lofergen also.

    Only the squeaking wheel gets the oil. Wake up, please. Otherwise we all will be still waiting while the others are getting their citizenship!!!!



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  • abcdgc
    12-27 01:17 AM
    You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
    But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.

    Let me give you a proof about Kayani, not that you will agree with it, but I will give it a shot anyways.

    Pakistan PM agreed to send ISI DG to India when he spoke with Indian PM. Later Zardari also publicly agreed to send ISI DG. Next day the three i.e. Gilani, Zardari and Kaayani had a meeting. After the meeting Pakistan announced that Pakistan will not send ISI DG to India. Now, if Gilani and Zardari agreed to send ISI DG, why the conclusion of the meeting was with the decision that ISI DG will not go to India. It was the starting point of escalation. Who triggered it? Kaayani. This is a well covered report. The point is, if sending ISI DG could deescalate the situation, and if India is asking to send ISI DG, why would Pakistan not send ISI DG even after PM and President agreed sending Pasha to India? Kaayani was himself ISI chief when Musharraf was President/Army Chief. The point is Hamid Gul, Kaayni and Pasha are all same group of cheats.





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  • rsdang
    08-11 04:55 PM
    :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...





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  • dpp
    05-16 12:07 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.


    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

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

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons





    nogc_noproblem
    08-05 01:49 PM
    A man was sitting alone in his office one night when a genie popped up out of his ashtray...
    ... and said, "And what will your third wish be?"

    The man looked at the genie and said, "Huh? How can I be getting a third wish when I haven't had a first or second wish yet?"

    "You have had two wishes already," the genie said, "but your second wish was for me to put everything back the way it was before you made your first wish. Thus, you remember nothing; because everything is the way it was before you made any wishes. You now have one wish left."

    "Okay," said the man, "I don't believe this, but what the heck. I wish I were irresistible to women."

    "Funny," said the genie as it granted his wish and disappeared forever. "That was your first wish, too!"





    axp817
    03-26 05:20 PM
    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.