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  • Marphad
    12-25 12:20 AM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

    Pineapple is mostly right. The thread went little too far.





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  • sekharpurna
    03-24 01:17 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer
    :

    gimme_GC2006

    You are lucky to recieve such call from USCIS. Just go ahead and send the details ASAP.

    Four months ago one of my friend got the similar type of call from USCIS asking for copy of marriage certificate and his daugthers birth certificate. Officers aksed him to mail it or fax it. My friend was in panic mode after this, he took call back number then faxed it and called him to check if officer recieved it or not. Officer joked with him that don't panic and give him al least couple of days to go over faxed documents. When my firend told me this story, I couldn't believe but I could see the glow and excitement on his face. After 4-5 days 485 was approved for his family.





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  • krishna.ahd
    01-06 03:41 PM
    When (so called) indian leaders will learn from Isreali counterparts ??





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  • smuggymba
    07-28 02:45 PM
    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.

    Amnesty has been given by Democrats only earlier and this is their third attempt I guess



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  • logiclife
    07-10 01:33 AM
    According to Lou Dobbs, all the problems faced by America today are purely a creation of immigration and immigrants.

    The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.

    According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.

    Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.

    When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?





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  • Legal
    08-05 09:00 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D



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  • unitednations
    03-25 11:58 AM
    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."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.





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  • chanduv23
    03-25 02:11 PM
    If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.

    No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.

    And I know you were just joking, tee hee.

    Ok, in all seriousness - I used to confront with UN on Rajiv Khanna forums thinking that he is talking crap. But I later realized that he always tries to explain to you the other side of things and how perspectives differ.

    Back home - people think h1b visa is a gateway to USA. A lot of people think flight ticket, boarding pass, visa , passport everything in the same range.

    Before my wife came to US - someone told her - if she completes all USMLE successfully her status automatically changes from h4 to h1 - thats how people are there

    Once people come here perspective changes.

    Now among us, we share common ground so have same perspective - and thats what UN is trying to say - think from the other side. Look at the perspective from other side.



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  • vdixit
    03-24 04:31 PM
    Bought a house, sold it. Changed jobs, moved cities, planning to buy a new house.
    I dont think renting (flushing money down the landlords toilet) is a wise idea if you plan to live in this country for a long time.
    Go for it. PLan these things according to your family's needs.
    Cheers.





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  • tdasara
    08-11 02:39 PM
    I am not sure if he cares to know that 'even foreign born PhD's need H1b visa to work and do research here before they get a Greencard'.

    If am not wrong he also mentioned wide and loud that 'H1b visa holders pay NO taxes (SSN and Medicare) included and take/send their earned money home'.



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  • xyzgc
    12-22 03:28 PM
    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?

    I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.

    Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
    Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!

    There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.

    Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
    Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!





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  • nogc_noproblem
    08-28 10:09 PM
    Pray for Wisdom:

    A PRAYER Dear Lord,

    I pray for Wisdom to understand my man;

    Love to forgive him;

    And Patience for his moods.

    Because, Lord, if I pray for Strength,

    I'll beat him to death.

    AMEN



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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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  • Macaca
    12-29 08:01 PM
    It is thus crucial for socially-engaged activists, even if they do not subscribe to religion personally, to enter the terrain of religious discourse and contest and critique the claims of those who speak in its name and deploy it as a tool to promote hatred against what are defined as the religious and national 'other'.

    Efforts to improve relations between India and Pakistan, and Hindus and Muslims in South Asia, can hardly make any headway if this indispensable task continues to be so sorely neglected.


    How Terrorism Still Looms Over Asia (http://the-diplomat.com/2010/12/29/how-terrorism-still-looms-over-asia/) By Luke Hunt | The Diplomat



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  • Macaca
    12-30 07:20 PM
    In Mumbai, a Place to Showcase an Art Collection (http://www.nytimes.com/2010/12/30/greathomesanddestinations/30gh-location.html) By AMANA FONTANELLA-KHAN | New York Times

    At Ashiesh Shah’s housewarming party in November, amid clinking champagne flutes, one of his friends joked that his apartment is actually an art gallery in disguise. Looking at the sculpture of a two-foot-long baby made of material from a spinnaker by the Canadian artist Max Streicher suspended above the staircase, any guest to his home might agree.

    Mr. Shah, 32, began collecting art in his 20s when he was still getting his start as an architect. Now he designs interiors for many of the city’s Bollywood actors. But up until last year, he had never had his own space to design. He was living with his parents in an apartment on Mumbai’s scenic Marine Drive.

    It was struggle to find the right space to showcase his art collection in a dense city with soaring real estate prices. “My art is not only two dimensional, it also takes up floor space and in a city like Mumbai, floor space can be just as expensive as art,” Mr. Shah said.

    He looked at more than 40 apartments over seven months, before settling on the one he bought in October 2009, a dark apartment subdivided into several small, boxy rooms in a five-story concrete structure built in the 1960s.

    The 1,075-square-foot apartment was nearly 41 million rupees (about $900,000 at 45 rupees to the dollar) average for an apartment on Peddar Road, a busy arterial in south Mumbai in the affluent Altamount neighborhood. His neighbors include some of his clients, as well as Mukesh Ambani, a business magnate who built a $1 billion 27-story building home, and industrialists like Kumar Mangalam Birla, the chairman of the Aditya Birla Group.

    It took over a year and around 5 million rupees ($110,000) to convert the space from a two-bedroom cramped duplex to an airy one-bedroom studio. Knocking down a total of nine walls, Mr. Sha said, “gave me freedom to place art pieces in a fluid, open space.”

    Still, it wasn’t enough square footage to showcase all of his collection at the same time. As a result, he created a small storage room for pieces not on display, which he rotates into the apartment about every six months. “It means that the art never gets static,” he said.

    But with limited space were opportunities for functional pieces to have artistic elements, as is the case for his staircase. Mr. Shah had initially planned to turn the steps — carved from a solid cube of white Indian marble — into drawers for additional storage, but they were too small. He converted them into what he calls “curious steps” instead. “I am planning to give them out to artists in the future to make commissioned miniature art for them,” he said.

    Other features, such as a partition panel that pulls out from a wall in the living room, have dual functionality, serving as a projection screen for video art and creating a sectioned-off viewing area.

    White epoxy flooring — “Which took three tries to get right,” he says — and white walls on the main floor help create an illusion of greater perceived space, as well as a neutral background for his art collection.

    Mr. Shah also added whimsical elements to “give the flat an element of play,” he said. In the guest bathroom, a light projector positioned above the sink creates pronounced shadows on the walls when people wash their hands. “Guests end up spending those five seconds more in the bathroom and think, ‘That was fun,’ ” Mr. Shah said. He placed a sculpture of obstetric forceps by the Indian artist Anita Dube next to the floating baby that hangs above his stairs.

    Pointing to an antique couch, which he upholstered using a vintage Rajasthani carpet, Mr. Shah said that he made sure the red design motif in the center of the carpet was positioned to resemble a pair of lips.

    “Did you notice that?” he asked. “I did that because this is my gossip couch.”



    Taking on the world (http://timesofindia.indiatimes.com/home/opinion/edit-page/Taking-on-the-world/articleshow/7192176.cms) Times of India Editorial
    Delhi plans Tate Modern-style gallery in old power station
    Ambitious project in Indian capital involves dismantling parts of the Indraprastha power plant beside banks of Yamuna river (http://www.guardian.co.uk/world/2010/dec/28/india-delhi-power-plant-project)
    By Jason Burke
    Delhi to build its own Tate Modern on banks of Yamuna (http://www.telegraph.co.uk/culture/art/art-news/8228523/Delhi-to-build-its-own-Tate-Modern-on-banks-of-Yamuna.html) By Barney Henderson | Daily Telegraph
    Indian Citibank 'fraudster' arrested (http://www.bbc.co.uk/news/world-south-asia-12092058) BBC





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  • aadimanav
    07-13 05:17 PM
    Aadimanav, mirage and pani_6, do you guys wanna run with this?

    Or any other volunteers?

    Come up with a draft and then share with rest of us.

    I have drafted a Petition (Version 1).

    http://immigrationvoice.org/forum/showthread.php?p=262309#post262309



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  • xyzgc
    12-27 12:04 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    They will figure it out. You too, Beemar, well-said.





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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno





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  • nogc_noproblem
    08-07 01:05 PM
    If you can figure out what these words have in common...

    ...., you are a lot smarter than I am. And no, it isn't 6 letters in each word; you need a little more moxey than that.

    Banana
    Dresser
    Grammar
    Potato
    Revive
    Uneven
    Assess

    Are you peeking or have you already given up? Give it another try.... You'll kick yourself when you discover the answer.


    Go back and look at them again; think hard. OK... Here you go. Hope you didn't cheat.



    Answer: In all of the words listed, if you take the first letter, place it at the end of the word, and then spell the word backwards, it will be the same word.





    transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?





    Beemar
    01-01 03:25 PM
    Oops!! Scratch that. Apparently these are old links. Some going back to 90's! Actually our country is threatening war for so many years that the links become all mixed up. It is embarrassing to see our country warnign pakistan with dire consequences for almost 20 years now, without dropping even a small firecracker in pakistani territory. Indian govt should at least threaten google to block all these stale links, or it should threaten google with surgical strikes :)


    Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.


    India Set to Launch 'Small War'
    http://www.commondreams.org/headlines02/0531-01.htm

    Delhi ups its war rhetoric
    http://www.atimes.com/ind-pak/BA27Df01.html

    US fears India may attack militant training camps in PoK
    http://www.expressindia.com/news/fullstory.php?newsid=10507

    India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
    http://www.highbeam.com/doc/1P2-588205.html

    Bush appeals to India, Pakistan to `draw back from war'
    http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM


    India, Pakistan shoot, talk of war
    http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM



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