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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    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.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..




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  • Macaca
    05-27 05:46 PM
    The Next Great Resource Shortage: U.S. Scientists (http://www.time.com/time/nation/article/0,8599,2074024,00.html) By ANDREW J. ROTHERHAM | Time

    The word "stem" is tossed around so much at education meetings these days, you'd think you were at a gardening seminar. STEM is shorthand for "science, technology, engineering, and mathematics" � all fields that are growing, providing lucrative jobs, and key to future American competitiveness. That's why everyone from President Obama to the United States Chamber of Commerce is worried about whether we're producing enough STEM graduates from our colleges and universities. That this is a problem is one of the few things that everyone in education seems to agree upon.

    Part of the push for better STEM education stems � sorry � from American companies claiming there are shortages of American workers able to take on certain roles. Each year, American technology and engineering firms push to expand the number of workers allowed under the "H-1B" visa program, a category that allows companies to hire foreigners in roles where they cannot find a qualified American citizen. Critics claim the H-1B program is more a ploy to allow companies to hire skilled workers cheaper.

    STEM anxiety is also an outgrowth of larger concerns about American competitiveness. The growing number of STEM workers in countries like China and India has policymakers on edge. You often hear that China and India are producing many more engineers than the United States, but when researchers from Duke University looked closely at the numbers, they found that what's counted as an engineering degree in those countries would often be considered a vocational certificate or two-year degree in this country. The Duke team found relative parity between the United States and China and India when the engineering comparison was apples to apples.

    And part of our STEM obsession is frankly just longtime habit. In the 1950s, it was Admiral Hyman Rickover calling for more math and science education as part of the effort to keep us competitive with the Soviets. Congress passed legislation to support math and science education in 1958 and advocates have been pushing for more ever since. Congress passed several STEM measures in just the last decade, including the 2007 America Competes Act, which includes measures to recruit and train teachers in STEM subjects.

    Still, debatable need, confused statistics, and force of habit doesn't mean there isn't an actual STEM problem facing the United States. American students should be doing better in math and science than they are now, and we are arguably producing too few college STEM majors. If the global competitiveness race turns into a numbers game, we're in trouble absent dramatic improvements: If it were its own country, the populations of China and India aged 14 and younger would each still be among the top five nations in the world in terms of population. That means that even marginal improvements in education in those countries will pay big dividends and put them on a stronger competitive footing. Besides, there is little doubt that our own economic future hinges in no small part on remaining a leader in innovation in science and technology.

    So we want more college graduates in STEM careers. How do we get them? Right now policymakers are fixated on upgrading the quality of the math and science teaching force through better recruitment and training. "Out-of-field" teachers � meaning those without proper training in the subject � remain an acute problem in math and science. Scholarships, loan-forgiveness, and even higher pay are all used to attract more teachers into STEM fields. More creative ideas are emerging, too. Math For America provides $100,000 fellowships for math teachers and Partners in Science gives science teachers the opportunity to undertake actual scientific work at national laboratories during the summer. All good ideas, but to some extent we're chasing our tail: Not enough STEM graduates means not enough STEM teachers, regardless of the incentives.

    The second answer is to expose students to STEM fields early on and use scholarships and inducements for them to choose STEM careers. This is where the STEM rhetoric meets our educational reality: A lot of students are not going into STEM careers today not because they're unaware of the choice, but rather because they cannot make that choice because of the quality of education they are receiving.

    Think about it. With high school graduation rates of only about 75 percent overall (and 64 percent for Hispanics and 62 percent for African-Americans) we lose a lot of potential STEM students long before college. At the same time, many students graduating from high schools are not taking the math and science courses necessary to pursue a STEM career. Experts estimate that only about one-third of graduating high school students are genuinely college-ready.

    Of course, not all currently underserved students would choose STEM careers either. People chose their work for a variety of reasons. Yet it's a reasonable assumption that some percentage of currently underserved students would choose STEM just as some percentage of more advantaged students do now. So rather than trying to squeeze a few more STEM students from populations that can already choose STEM if they want to, perhaps policymakers should focus even more on giving currently under-served populations the ability to make a STEM choice in the first place. If you're not taking the right classes � or worse, if you're not in school � STEM careers are not a viable choice for you. Fixing that seems the path to the richest untapped vein of future American talent.

    In other words, in the long term, the STEM agenda really isn't that different than the more general school improvement agenda. Linking the two more explicitly would also help make the push for STEM more relevant and engaging for parents than it is today. Because while education leaders can't shut up about STEM, it's hardly even on the radar of most parents � when they talk about stems they usually are talking about plants.


    The Right Job? It�s Much Like the Right Spouse (http://www.nytimes.com/2011/05/22/business/22corner.html) By ADAM BRYANT | New York Times
    The Downsized College Graduate (http://www.nytimes.com/roomfordebate/2011/05/24/the-downsized-college-graduate) The New York Times
    Top Colleges, Largely for the Elite (http://www.nytimes.com/2011/05/25/business/economy/25leonhardt.html) By DAVID LEONHARDT | The New York Times
    Five myths about America�s schools (http://www.washingtonpost.com/opinions/five-myths-about-americas-schools/2011/05/09/AFunW27G_story.html) By Paul Farhi | The Washington Post
    The Failure of American Schools (http://www.theatlantic.com/magazine/print/2011/06/the-failure-of-american-schools/8497/) By Joel Klein | The Atlantic




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  • whattodo
    07-11 01:58 PM
    Her employer was not willing for her to start before SSN, so we had to wait. I hope that this will not be a problem.

    That should not cause any problems.

    On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.


    _______________________
    Not a legal advice.




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  • Green_Always
    03-28 11:42 AM
    This Thread is UN's -- :-)



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  • Beemar
    12-26 12:52 PM
    Guys,

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

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

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

    People in border villages of Rajasthan are evacuating.

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

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




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  • Mani
    07-14 01:06 AM
    Eliminating concurrent filing of I-140 & I-485 could provide some short term relief for backlogged categories. But again, this would impact new filers in getting their EAD. Any short term solution isn't going to help all EB3 and EB2 folks. The bottom line is that we have limited number of visas and the demand is always greater than the supply. This issue isn't going go away. We will continue to be in this dog eat dog situation until supply is increased (Backlogged Countries Vs ROW, Legal vs Illegal Immigration & now EB2 vs EB3). Please continue to push for Lofgren bills which could get us out of this mess.



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  • hiralal
    06-08 09:34 PM
    There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners. you are partly correct in my view ....but to buy when prices are falling is a sure shot loser ...
    even if prices are stable or lower than the rate of inflation ..you will be losing money on the cost of the house ( 300K + for many homebuyers ..since you pay interest on the cost of the house)..for home buying to be a good investment, it needs to appreciate more than the rate of inflation (that seems years away from now)

    for e.g the person above who put in almost 80K in down payment ..
    1) if that downpayment was invested in better way ..then he could easily get 10% returns (u need to do some homework though) ...that means around 600 - 700 per month.
    so his effective rent is around 1200 per month.
    2) 5 years from now, rent may still be the same (or lower) ... it depends a lot on supply and demand on rental units too
    in majority of cases, we end up buying a house further away from our work ..that means additional 300 - 400 in gas and vehicle wear/tear per month.
    add property taxes, HOA fees, extra utilities, mntc, realtor fees, termite, lawn maintenance, long term prospects of USA, immobility (additional 800 - 1500 dollars) etc etc and you can easily say that home buying / investment in real estate is not a good bet (in USA atleast).
    if you are on temporary status - then add extra $200 - 300 risk premium per month as invisible risk cost (for risks plus extra headaches )
    so home buying should be more of lifestyle choice and not an investment point of view (in countries like India, singapore it is different since demand will always be strong for a long long time).




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  • gccovet
    01-07 10:53 AM
    Hi,
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    http://www.hindu.com/nic/dossier.htm

    Paksitan govt. says the provided proof are not solid enough. lol!!!



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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?




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  • WantGCQuick
    06-08 10:11 AM
    I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
    and these homes are closely built compared to the ones in suwanee area..

    The homes prices never came down in these areas!!



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  • Better_Days
    12-28 03:28 AM
    Since more than a few hours have past since this thread was started, I can think that we can sleep in peace knowing that there won't be a war.

    Having said that, I am startled at the number of Indians who seem to be sold on the idea that war is the answer. I went over to an Indian friend of mine and was shocked at the type of coverage. It seemed so much like the US media before the Iraq invasion.

    Exactly what will India accomplish by squandering away the economic clout it has gathered? Yes India is a regional power and probably an emerging global power. Yes, in a long drawn out conflict, Indian will probably win. Happy now? But at what price? PLEASE, Indian is no US and Pakistan in no Iraq.


    Pak has nukes, but their delivery mechanism is not sound and before Pak launches any nukes, US will disarm them and even if a few are launched India had a very good anti missile shield which will intercept and destroy all warheads before it enters Indian air.


    What I need to know is that what %age of Indian population believes this and the whole "Chinese-made" nuke crap? Is it being spewed out on TV by arm-chair generals and defense analyst? This will explain why everyone is sold on the whole War idea. And this after the debacle that US finds itself in Iraq and Afghanistan?

    Does anyone understand the concept of a nuclear doctrine? I have been out of it for a while and I don't think that Pakistan has published its nuclear doctrine but it has been speculated upon. The general consensus is that, at least initially, Pakistan will use the nukes on its own territory. Both as a means to inflict casualties on advancing Indian troops and as a means of area denial as neither army is equipped to fight large scale battles in a NBC (Nuclear, Biological, Chemical) theater. Forget Pakistan but do you have any idea what the fallout do to the fertile agricultural land in India? And this is not even considering that the Pakistani leadership may decide to go down in a blaze of glory and launch strategic strikes against major population centers.

    War is no answer and should not (and probably will not) happen.

    Disclaimer: I am a Pakistani. While I am in IT, at one point in time I was considering a career in Strategic Studies and was serious enough that I started applying at various colleges. Had to drop the idea as I could not secure funding.




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  • NKR
    08-06 02:09 PM
    To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.


    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.



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  • waitnwatch
    08-05 03:11 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.




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  • akred
    06-24 12:04 AM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.


    HOA dues depend on many factors. The community may have maintenance or upkeep expenses that are out of the ordinary. Or the board may be building up reserves for future expenses that may be as much as 25 years down the line. Sometimes the board is dysfunctional and will take the easy way out of charging more dues instead of optimizing expenses.

    Before you buy into a HOA, get the minutes of the last year's board meetings and read through them to see if it is the kind of place you'd want to live in.



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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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  • jkays94
    06-01 01:13 PM
    I'm confused in the first place, How a public telivision channel like CNN allows to air this show.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

    The reasons can be summed up simply as ratings and the revenue defined from high ratings. CNN is taking a beating from Fox and has decided to adopt an ultra conservative agenda. At the end of the day if being pro-immigrant would improve ratings for CNN such that it would beat Fox News ratings, I am willing to bet that CNN would make a turn around and sing praises in honor of immigrants. See my next post for how low CNN is willing to go in associating with anti-immigrant groups to the extent of propagating myths.



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  • texcan
    08-06 04:35 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"

    This reminds me of ....priority porting circus....

    Eb2 & Eb3 guys are moving about in a Green ...
    looking for a quick check out line ........
    ....
    ....
    Eb2 says says mine is "quick, fast, exciting..." whats you line looks like....

    Eb3 says... "never mind lets look for yours "
    ---------------------------------------------------------------
    Lion and Monkey joke extensions have been killing me here...
    i swear, i never had so much fun on this site...ever. Great work..lets keep them coming.




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  • shantanup
    03-25 08:55 AM
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.




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  • somegchuh
    03-25 02:14 PM
    I am glad you see the spirit. I love hearing counter points.
    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:

    Couldn't agree more. Real estate is really local. IMHO, rela estate in SF Bay Area where I live, is still very inflated. It will slide for at least a few years before it starts stagnating. Off course even in Bay Area there are bright spots where the schools are really good.

    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.


    Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?

    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.



    As a standard practice coming up with 20% down payment should be the right practice. But in Bay Area where an average house is 700K, coming up with 140K just for down payment is not easy. Again, this is really local. In ohter places coming with up with 20% makes it really easy. But in Bay Area ppl end up paying 5-10% as down payment and then pay monthly PMI.

    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.


    Completely agree. Primary residence is for living but you don't want to buy something for .5 mil and realize you got sucked into a bad deal.

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


    Well, rents in the longer eventually do go up.

    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.




    unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.




    diptam
    08-05 04:37 PM
    I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.



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