2011년 6월 29일 수요일

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  • lfwf
    08-06 04:19 PM
    I thought you ported pascal's id :)

    :D




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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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  • wellwishergc
    07-11 11:48 AM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!
    Is your GC approved now?




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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.

    Regards.



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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.




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  • new2gc
    03-24 04:42 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.



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  • ssa
    06-25 03:19 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?




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  • kshitijnt
    09-26 07:53 PM
    Well I tend to go by the facts:

    Bill Clinton was good for immigration , everyone was happy in his days

    Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.

    Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.

    Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.

    You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.



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  • Canadianindian
    09-30 04:42 PM
    I like Obama's opinion and his enthusiam. I would support him financially and in fact campaign and vote for him.

    However, I am not sure if he understand the plight of Legal immigrants who have suffered for years with no relief in sight. We are law abiding people, but have to suffer tremendously. I am not sure if Obama is aware of our plight.

    I am afraid if Obama wins the election, our chances of getting the GC will diminish as the CIR will not get his support to benefit the EB immigrants.




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  • Macaca
    04-23 08:32 AM
    Lobbyists Profit From Power Shift In Congress As Democrats Get Jobs, Republicans Stay On (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/22/AR2007042201021.html), By Jeffrey H. Birnbaum, Washington Post Staff Writer, Monday, April 23, 2007

    The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.

    "We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."

    "There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.

    The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.

    But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.

    Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.

    "Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.

    The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.

    Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.

    Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.

    Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.

    For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.

    Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."

    All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.

    Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.

    The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."

    And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."

    Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.

    Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.

    "Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.

    "People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.

    In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.

    In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."



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  • lfwf
    08-05 03:53 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.




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  • NeverEndingH1
    12-17 04:05 PM
    . . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.



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  • skakodker
    12-31 10:58 AM
    India needs to look inwards for answers.

    We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!

    Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.

    One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.

    Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.

    Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.

    The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.

    Peace to all.




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  • Macaca
    03-06 09:01 PM
    Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
    Damaris Del Valle
    H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
    Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
    I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)



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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D




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  • waitnwatch
    05-24 02:18 PM
    WaitNwatch,

    No. How about you:can you show a study and correlation between outsourcing and salary stagnation ?

    Let's be honest and realistic, do you believe that by bringing more workers, how long that would prevent companies from offshoring jobs ? It is true that by not bringing more workers, companies would be more willing to offshore. In my view, companies will offshore regardless in the future. With or without cheaper labor here, they will be tempted to go overseas since the savings are significant, am I right ? At that time is when people has legitimate concerns to control the numbers of newcomers.


    Your logic is getting a little simplistic here. I will try to explain the best I can and this is my last post on the topic. Here are a few points. Try to link them together and you will get a sense of the whole logic.
    (1) Companies outsource because of cheap labor.
    (2) Companies also look elsewhere when there is a shortage.
    (3) There are areas other than high tech (e.g. science, mathematics, biotechnology) that need people from outside (including fresh US university graduates).
    (4) Other countries will catch up with the US if cutting edge companies donot find enough STEM people.
    (5) These other countries with more logical immigration policies will attract talent and the companies will move there.
    (4) Graduates in STEM need to get H1B after their practical training.
    (5) US does not produce enough STEM graduates and cannot entice foreign students if there are no H1B's available when they enter the job market.
    (6) Outsourcing of top science jobs are not only lost jobs but also cause collateral damage and reduce other jobs dependent on that job.
    (7) Without the supply of high quality graduates the companies lose their cutting edge and start cost cutting instead of innovating.

    There is a national research council report which may be available from the National Academy of Sciences. Foreign STEM's are desperately needed and non-availability of H1B visas means fewer students will come as they are uncertain of getting a H1B. Here is an Indian example: The IIT graduate will go to Bangalore and earn enough from day 1 to own a nice apartment, have a chauffeur and a maid. On the other hand you want him to come to the US to work 6 years on a Ph.D getting a student stipend and no guarantee to stay and work. If you think this top brain will come you should be living in the world of Peter Pan.



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  • gimme_GC2006
    03-25 03:28 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D




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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.




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  • BumbleBee
    03-24 02:41 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job




    panky72
    08-09 02:00 AM
    Just ignore those useless weeds (who don�t know what �joke� means), not only in this thread, even in real life also.

    They will neither be happy themselves nor like others having fun as well.

    I am giving you green.

    :)Thanks nogc_noproblem. BTW where do you find so many funny jokes:D




    alien2006
    07-14 03:03 PM
    I wouldn't use the word slave so calously. We on H1s are not slaves, we have some restrictions but we are not slaves. I think you need to see some good documentary or better yet read books on slavery.



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