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Sunday, July 3, 2011

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  • validIV
    06-08 10:41 AM
    Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.

    What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.

    It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?

    Common sense is to rent until you are sure you're staying for good.





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  • mariner5555
    04-25 02:45 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..





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  • nixstor
    08-10 07:55 PM
    Guys,

    Did any one watch Lou this evening? I switched on the TV and I saw H1B visa on the back ground and Lou was just done thanking a guy for being on the network. What was that about?





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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?



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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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  • rockstart
    07-14 10:43 AM
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).



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  • amulchandra
    04-07 12:34 AM
    onething I understand is that totally opposing this measure may create a wrong impression on IV because the people who introduced this bill are trying to stop some companies from exploiting the system. The best thing is to work towards introduction of some measures into this bill that will eliminate any hardship for the people who are already here as consultants (such as H1b transfers and extensions of people who are already here should be exempt).





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  • BondJ
    04-08 11:45 PM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?



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  • Macaca
    12-29 07:13 PM
    Rights activist's life term sparks protests across India (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122802579.html) By Emily Wax | Washington Post

    Street protests spread across India this week after a court handed down a life sentence to a prominent activist and physician who has long drawn attention to the country's growing economic inequalities.

    In a case that has prompted denunciations by international human rights groups and scholars, prosecutors said Binayak Sen, 60, had aided Maoist rebels in rural India, visiting Maoist leaders in jail and opening a bank account for a Maoist, charges that Sen denies. Human rights activists allege that police planted evidence and manufactured testimonies, and Indian judges have criticized the Dec. 24 judgment.

    Soli Sorabjee, a former attorney general, called the ruling "shocking."

    "Binayak Sen has a fine record," he said. "The evidence against him seems flimsy. The judge has misapplied the section. And in any case, the sentence is atrocious, savage."

    Sen, a pediatrician, has worked for decades to help people displaced by violence and government land seizures in India's mineral-rich regions. Despite the country's booming economy, hundreds of millions of Indians remain mired in poverty - a stubborn inequality that has helped fuel a deadly Maoist insurgency in as many as 20 of India's 28 states.

    The ragtag Maoist rebels, called Naxalites after Naxalbari, a village in West Bengal state where the movement was born in 1967, seek to gain power through armed struggle. They claim to fight for the poor and India's marginalized tribal groups but have also been accused of widespread atrocities. Prime Minister Manmohan Singh has called the Naxal movement the "biggest single threat to India's internal security."

    Sen, who was arrested in 2007 and was not granted bail for two years, says he was targeted solely because he was a vocal critic of the government's use of armed groups to push villagers out of mineral-rich forest areas. His sentencing comes as major economies, including the United States and China, are seeking access to India's growing markets - a sign of the country's emergence as an economic superpower.

    "Anyone in India who dissents or questions the superpower script is ostracized," said Kavita Srivastava, national secretary of the People's Union for Civil Liberties, of which Sen is a vice president. "Sen's arrest is happening because this government is extremely anti-poor. Our much-praised 9 percent growth is coming at the cost of displacing millions of people with land that is being given away for mining and corporate development."

    Sen's difficulties with Indian authorities have drawn global attention before. In 2008, an effort led by 22 Nobel laureates failed to secure Sen's release on bail so he could travel to Washington to receive the prestigious Jonathan Mann Award for his efforts to reduce the infant mortality rate and deaths from diarrhea.

    This time, protests erupted after a court in the eastern state of Chhattisgarh convicted Sen on two counts of sedition and conspiracy, sentencing him to life imprisonment. He was found not guilty of a third charge of waging war against the state, a crime punishable by death.

    A growing number of Indian intellectuals and human rights activists have spoken out on his behalf this week.

    "Binayak Sen has never fired a gun. He probably does not know how to hold one," historian Ramachandra Guha wrote in the Hindustan Times. "He has explicitly condemned Maoist violence, and even said of the armed revolutionaries that theirs is an invalid and unsustainable movement. His conviction will and should be challenged."

    Sen's wife, also a doctor, said in an interview that she is launching an international campaign to do just that.

    "He is a person who has worked for the poor of the country for 30 years," Ilina Sen said. "If that person is found guilty of sedition activities when gangsters and scamsters are walking free, well, that's a disgrace to our democracy."


    Nobel Laureates Unable to Win Release of Doctor (http://www.washingtonpost.com/wp-dyn/content/article/2008/05/29/AR2008052903578.html?sid=ST2010122803216) By Nora Boustany | Washington Post





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  • sanju
    12-18 12:15 PM
    Sanju gave very good explanation here.

    I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)

    Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

    These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

    Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

    If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

    These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

    Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

    Thank you.

    oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

    You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

    You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

    It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

    Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.


    .



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  • Gravitation
    03-25 01:25 PM
    Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:

    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month

    Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.

    If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.


    2. I hear about tax rebate for homeowners. But what about property tax?

    Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.


    3. What about mortgage insurance payments?

    You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.


    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.


    Profit/Loss is not what the primary residence is for.


    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.


    You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.


    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
    Yes, if you're planning to go back... don't buy.





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  • unitednations
    07-19 02:29 PM
    UN,
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.



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  • Tito_ortiz
    01-03 10:23 PM
    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.

    Wrong. First iraq war is not war against terrorist.
    Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
    Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
    I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.





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  • meg_z
    08-06 09:53 AM
    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.

    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.



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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.





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  • Refugee_New
    01-07 03:20 PM
    Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.


    This is your religious belief/prophecy and ideology. This is nothing but neocons/zionists "The Greater Israel" or "Greater Middle East" plan. Exterminate muslims from their land and expand the occupation so that you can receive your messiah. As per their plan, Israel should expand upto Syria and this is what you believe. You know why muslims will not let go palestine that easily. If we loose Palestine today, tomorrow its Egypt and Syria.

    Thats why these killings happen. Now you agree. Thats why you guys are killing school kids also. Because you see them as potential terrrorist. This is the truth. Thats why you guys act violently to acheive your goal.


    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.



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  • milind70
    08-03 09:22 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

    This is really a grey area, as per the field manual visa's issued by consulate/embassies less than a year are verified or checked. Less than a year is because the dept of states purges data a year old thats why less than a year time frame they send the copy to consulate for checks . But the grey area I am talking about is ,lets say i applied for 485 in july 2007 and i got my H1 stamped in sept 2006 by the time my case is processed it will be most probably oct 2007 (liek data fed in etc) now in oct 2007 when they process the checks DOS would have purged the data ,so in turn when they process your checks yourr visa issuance date shoudl be over a year as the consulates and embassies wil purge data one year old. I am talking about normal cases where visa stamping is very straight forward ,revalidation or extension etc.





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  • Macaca
    02-21 05:24 PM
    War on middle class is nothing less then a national crisis.

    I was listening to find out the exact statement they use: CNN is the best news on network. Turned off immediately.





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  • unitednations
    08-09 02:20 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

    I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.





    unitednations
    03-26 03:24 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit

    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.





    learning01
    05-24 10:20 AM
    I had same thoughts today, as I did a few months ago in my post in this forum.
    Let's ignore quoting Lou here (don't quote the devil). Let the Ad industry be happy with him. His audience reach has climbed from 400k to 900k because of his immigration rant. I guess he will land with a thud once this dust settles down.
    He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.



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