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  • SunnySurya
    08-05 01:45 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?

    How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?

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  • ashkam
    04-15 02:59 PM
    Are people seriously arguing that a child will not be happier in a bigger home, everything else remaining constant? Seriously, is someone actually arguing this?

    And money can't buy happiness? Really? Are you saying everything else remaining constant if I gave you money it would make you sad? Seriously? Who is this person who would be sadder if I gave him money? I would like to meet him.

    You people need to stop reminiscing about your childhood days and how happy your childhood was even though you had no money. I have a feeling that your child doesn't really care. Sure, give your child lots of love, but for Christ's sake, if you can afford it, don't make him / her spend his / her childhood in a small cramped apartment just because you had to.

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  • anandrajesh
    01-28 12:16 PM
    Why should anybody listen to this guy? This guy doesnt really represent the facts.

    The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.

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  • nogc_noproblem
    08-06 11:50 AM


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  • axp817
    03-25 03:31 PM
    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.

    Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.

    Any cases you might have come across?

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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.


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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

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

    If you would like to read about related case, refer to this pdf vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

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


    US Permanent Resident since 2002

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  • aadimanav
    07-13 09:35 PM
    Version 2 of the "Petition to Recapture Lost Visas" is added here:

    Please share your views.



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  • Zeb
    12-26 11:15 PM
    Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.


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  • xyzgc
    12-24 02:19 PM
    Ghazni's best-kept secret - The Indian Express
    S.C. Sharma ()
    April 25, 1998

    Title: Ghazni's best-kept secret
    Author: S.C. Sharma
    Publication: The Indian Express
    Date: April 25, 1998

    Provocative Ghauri was the title of an editorial that appeared
    on this page earlier this month. Pakistan has named its missiles
    Ghauri and Ghaznavi with the specific intention of taunting
    India. These worthies' claims to fame and glorification, in the
    perception of the Pakistanis, lies in the fact that they were
    credited with plundering and devastating north-western India time
    and time again in the eleventh and twelfth centuries.

    In their enthusiasm to score brownie points, the Pakistanis have
    got mixed up on chronology, they have produced Ghauri before
    Ghaznavi. Also, they have perversely sought to commemorate these
    Afghan rulers of Turkish descent in utter disregard of the fact
    that most of the territories they plundered are their own - the
    North West Frontier Province, the Punjab and Sind. The men and
    women they tortured, enslaved, ravished and put to the sword were
    their own forebears.

    If Pakistanis wish to revel in the inglorious misdeeds of
    foreigners perpetrated on their own soil and on their own
    ancestors, they are welcome to twirl their moustaches in euphoria
    and say: " Where ignorance is bliss, it is folly to he wise."

    Indians may look forward to future generations of Pakistani IRBMs
    and similar sophisticated weaponry named after the likes of
    Changez Khan, Nadir Shah and Ahmad Shah Abdali. Alexander the
    Great and Harshavardhan also have strong claims, but they might
    be disqualified for obvious reasons.

    In the course of his many abortive forays into India, Mohammad
    Ghori is said to have been captured once by the forces of Delhi.
    But Prithviraj Chauhan, king of Delhi, magnanimously let him off.
    Legend has it - and it is widely believed in India - that when
    Ghori eventually succeeded in defeating Prithviraj Chauhan at the
    Second Battle of Tarain in 1192, he blinded him and took him in
    chains to Afghanistan along with his friend, the poet

    Ghori held a grand durbar to celebrate his victory. His prize
    catch, the king of Delhi, blind and a prisoner, was paraded and
    publicly humiliated. Deeply incensed by the treatment meted out
    to his monarch, Chandravardai took refuge to a subterfuge. He
    announced that though completely blind, Prithviraj could still
    hit a target guided solely by sound, and he asked for permission
    for this feat to be performed.

    Prithviraj Chauhan was handed a bow and arrow, and Chandravardai
    sang a now-famous verse which told him of the elevation and
    distance to Ghori's throne. And thus, guided solely by sound,
    Prithviraj shot his arrow through Ghori.

    The legend may not be entirely true, but it would be absolutely
    accurate to say that even after eight centuries have elapsed,
    Prithviraj is regularly subjected to indignity in the land where
    he was taken as a captive. I have seen it at first hand.

    Many years ago, while travelling by jeep from Kandahar to Kabul,
    I had to make a night halt en route at Ghazni. At the hotel, I
    learned that there was a grand mausoleum over the tomb of Sultan
    Mahmud Ghaznavi near the town, and I determined to see it. A few
    extra Afghanis (the local currency) helped my driver to
    comprehend the necessity of making a small detour the next

    The mausoleum was indeed grand -judging by local standards - with
    a high, arched doorway like the Buland Darwaza. lie tomb proper
    was in a cellar about four or five feet be low ground-level. It
    intrigued me considerably to note that there were no steps
    leading down into the tomb. Instead, a metal chain hung from the
    ceiling of the cellar. I was told that I would have to hold the
    chain and jump down.

    I asked for the reason for this peculiar method of entry. The
    caretaker was evasive at first. But after much persuasion, he
    disclosed that there was another tomb at the exact spot where you
    jumped down. There, the infidel king of Delhi, Prithviraj
    Chauhan, lay buried.

    ================================================== =====================
    Might I add, that the very Islam these Pakis seem to be proud of, was forced down upon them.
    Most of these are descendents of forced converts to Islam!


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  • ganguteli
    03-24 09:16 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

    The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

    I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

    I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

    So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.

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  • nojoke
    04-14 03:47 PM
    Again, it may not be applicable to ur situation.

    in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
    Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.

    now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.

    If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .

    Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.

    Location..Location.. most important thing.
    worst hit market are ohio,michigan because Big 3 automakers are suffereing.

    more you stay in house ..7 , 10 or 15 years. Your equity build faster.

    Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.

    but again if i have to sell now ..then i am sure i will loose money because it will not sell.

    Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.

    My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.

    Media is the one who created the hype & and also they are paritally responsible for downturn.

    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.


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  • rimzhim
    04-09 12:02 PM
    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

    But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)

    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.

    You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.

    Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.

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  • transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...


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  • apb
    10-01 05:45 PM
    Engg from top school in India + MBA + CFA started the process of GC in 2000. Lost first round of GC in the black hole of backlog processing center and restarted again in 2004. Never was out of job even in the worst of economy and always got good pay from company.
    CIR was a disappointment and I took PR from Canada since I lost hope with the system after 9 years in limbo and being a probationary worker without any career hope. My wife with her masters in computer had to remain on H4 for long and now when we have EAD we thought we could be a little better off, the broken system in USCIS again came up during EAD extension processing and gave us a jolt. EAD finally gets approved after several SRs, Infopass and ombudsman mail but only after the current one expires. If 90-120 were not enough, then at least allow EAD extension to be filed much before in advance.
    H1B extension can work based on Receipt notice, 485 is filed based on EB and EAD extension applied based on pending EB based 485--BUT we can work only after we get the EAD in hand. Why? There are many gaps in the way USCIS works and there is no credible transparency for the fee that we pay to get the service.
    We love CHANGE but would that change be for better?

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  • senthil1
    12-17 02:27 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
    This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.


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  • GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)


    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.

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  • panky72
    08-07 09:17 PM
    A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."

    While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
    The father shouts to his son: "GO GET YOUR MOTHER!!!":D

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  • qasleuth
    03-23 04:51 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    OK..people..the END OF SPECULATION..

    I got the are the details asked for..

    and It appears, the email ( came from someone who was working in the local office where our file is sitting..

    1. current resume
    2. copy of degree(s)
    3. W2s since 2000
    4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
    5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
    6. copy of income tax returns from 2000 to the present (all that are available)
    7. copies of work contracts since 2000

    Now..should I send or hire a lawyer..what should be the best course..I have all contracts from previous employers..currents one I can get

    Any suggestions please?:mad:

    04-09 11:43 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?


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