I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.
it can be for Physicians, professors, reseaerch, teaching etc..
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My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).
IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.
Can you clarify what you mean by "splitting salary with employer" and what does that have to cheating the system?
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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 ?
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.
bfadlia, i sent you a PM. Respond me when you have time.
I got a RED dot for this post.
Comment - "Racist Joke".
I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.
Don't subscribe to the second part. See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace. India has never been the aggressor but we should at least defend ourselves. Pakistan is unable to shut down the terrorist camps, we have to do it or else we will keep on bleeding..
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.
2010 (New Haircut + Justin )
To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
All these are frustating.
Fighting system is one thing and protecting what is with in the reach is other.
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
We may need to hold another massive rally in DC to highlight our cause.
I pity you dude, if you knew that it is going to take so long. I know you would have changed employers before you started your GC. 9 years with the same employer with a PD of 2005 doesn�t look good. With EB3 cut off date in 2001, I only hope that you get some relief somehow�.
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If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.
Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.
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May 2011 is likely to go down as an especially important and intensive period in U.S.-China relations. Leaders of the two countries held the latest annual session of the bilateral Strategic and Economic Dialogue on May 9-10. And this week, eight high-ranking Chinese generals, led by Chen Bingde, chief of the general staff of the People�s Liberation Army, will meet their Pentagon counterparts and then tour selected U.S. military installations.
The conventional wisdom is that these events mark a dramatic improvement in a relationship that has been marked by growing tensions in recent years. That interpretation is partially correct, but there are some worrisome countercurrents that are also important. Despite the improving communication between the two sides, U.S.-China relations remain strained, and there are troublesome issues that will not be easy to ameliorate, much less resolve.
The opening day of the Strategic and Economic Dialogue illustrated both positive and negative trends. On the positive side, the Chinese delegation for the first time included high-level officers of the PLA. Their absence from those meetings in previous years left a noticeable void in the discussions, especially on such crucial issues as nuclear weapons policy and the military uses of space. American officials also viewed the lack of a military contingent in the Chinese delegation as tangible evidence of the PLA�s continuing wariness, if not outright hostility, toward the United States. The presence of those leaders in the latest dialogue was an indication that the cold war that had developed between the PLA and the Pentagon since the collision between a U.S. spy plane and a Chinese jet fighter in 2001 was finally beginning to thaw.
On the other hand, the opening remarks of Vice President Joe Biden, Secretary of State Hillary Clinton, and other U.S. officials struck a confrontational tone. They expressed sharp criticism of Beijing�s recent arrests of activists and artists following the pro-democracy uprisings in the Middle East. More broadly, Clinton stated that �We have made very clear, publicly and privately, our concern about human rights.� In an interview in The Atlantic, released during the talks, Clinton was even more caustic, accusing China�s leaders of trying �to stop history,� which she described as �a fool�s errand.�
It was not surprising that the U.S. delegation would raise the human rights issue in the course of the dialogue. But it was not the most constructive and astute diplomacy to highlight during the opening session perhaps the most contentious topic on the agenda. A senior administration official later stated that the discussions on human rights were �very candid,� which was probably an understatement.
The broader context of the opening session was not overly friendly either. While that session was taking place, President Obama conducted a lengthy telephone conversation with Indian Prime Minister Manmohan Singh. The White House issued a bland statement that the two leaders discussed matters of bilateral and international concern, including the killing of Osama Bin Laden, but the underlying message to the Chinese was anything but subtle. The timing especially sent a signal to PRC leaders that in addition to Washington�s strategic links with its traditional allies in China�s neighborhood (especially Japan), the United States had key options available regarding the other rising regional giant�and Chinese strategic competitor�India. As in the case of the lectures on human rights, highlighting U.S.-India ties at that moment did not help ease bilateral tensions with Beijing.
Even when U.S. officials ostensibly sought to be conciliatory, the attempt often came across as self-serving and borderline condescending. Secretary of the Treasury Tim Geithner, for example, praised some �very promising changes� in Beijing�s economic policy that had taken place during the previous year, especially on the currency valuation issue. But there were few offers of economic carrots from the U.S. side. The emphasis was always on the concessions Washington expected from Beijing.
The closed-door meetings appeared to be more constructive than the public session, as the participants reached agreement on a number of measures, both minor and significant. In the former category was the announcement of Beijing�s decision to offer twenty thousand scholarships to American students for study in China. In the latter category was a two-pronged agreement, which included both a commitment to conduct regular talks (dubbed �Strategic Security Dialogues�) regarding security problems in East Asia and a �framework for economic cooperation� to address the full range of occasionally contentious bilateral economic and financial issues. In addition, Beijing made commitments to increase the transparency of China�s economy, especially the government�s use of export credits.
Progress on security and economic topics was gratifying and holds considerable potential. But whether the outcome deserves the label �milestone agreement,� as officials contended, remains to be seen. The significance of the accord depends heavily on the subsequent execution, especially on the Chinese side. Nevertheless, the dialogue clearly ended on a high note, and one that was better than anticipated following the U.S. delegation�s brusque comments at the opening session.
Expectations regarding the visit of General Chen and his PLA colleagues are also upbeat. The visit itself is a significant breakthrough. Military-to-military relations have been tense and episodic for years. The most recent disruption occurred in early 2010 when Beijing angrily severed those ties following the Obama administration�s announcement of a multi-billion-dollar arms sale to Taiwan.
Despite the cordial rhetoric accompanying this trip (and the full military honors accorded Chen during a ceremony at Fort Myer), the visit has far more symbolic than substantive importance. The U.S. and Chinese militaries are not about to become best friends. The best that can realistically be expected would be measures to improve communications between forces deployed in the air and on the sea in the Western Pacific region to reduce the danger of accidents or miscalculations. Any breakthrough on larger strategic disagreements will have to be reached between officials at higher pay grades than even General Chen and his American counterparts.
The change in tone in the U.S.-China relationship is welcome, since better cooperation on both economic and strategic issues is important. Trends on both fronts over the past several years have been worrisome. A failure to cooperate on economic matters not only jeopardizes both the U.S. and Chinese economies, it also poses a threat to the global economic recovery. Animosity on security topics creates dangerous tensions in East Asia and undermines progress on such issues as preventing nuclear proliferation.
Nevertheless, while China and the United States have significant interests in common, they also have some clashing concerns in both the economic and strategic arenas. There are bound to be tensions between the United States, the incumbent global economic leader and strategic hegemon, and China, the rapidly rising economic and military power. The critical task for leaders in both countries is to manage those tensions and to keep them under control.
The political and diplomatic dance between such great powers is inevitably a wary, delicate one. But the alternative would be the kind of outright hostility that marked the relationship between the United States and the Soviet Union, and that would be to no one�s benefit.
China must stop being so secretive about its military rise (http://blogs.telegraph.co.uk/news/peterfoster/100088783/china-must-stop-being-so-secretive-about-its-military-rise/) By Peter Foster | Telegraph
Stealth has the smell of success (http://atimes.com/atimes/China/ME20Ad03.html) By Carlo Kopp | Asia Times
A Rare-Earths Showdown Looms
WTO litigation over China's export limits is inevitable unless Beijing comes to its senses. (http://online.wsj.com/article/SB10001424052748703509104576331010793763864.html)
By JAMES BACCHUS | Wall Street Journal
Chinese interests in Pacific nations: mining ventures in PNG (http://www.eastasiaforum.org/2011/05/19/chinese-interests-in-pacific-nations-mining-ventures-in-png/) By Graeme Smith | UTS and ANU
China-risers should pause for breath (http://atimes.com/atimes/China/ME20Ad01.html) By Tom Engelhardt | Asia Times
How China Gains from Fukushima (http://the-diplomat.com/2011/05/20/how-china-gains-from-fukushima/) By Saurav Jha | The Diplomat
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Is your GC approved now?
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Correct me if I am wrong.
I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.
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House Democratic leaders yesterday discussed key elements of a long-awaited lobbying reform bill, which has been seen as a signal test of Speaker Nancy Pelosi's pledge to bring unprecedented transparency to the Democratic-led institution.
While the legislation would open congressional lobbying to greater public scrutiny, its contours hint at a behind-the-scenes battle by the leadership to retain its most sweeping new measures.
The bill will be unveiled today at a Democratic caucus meeting, where more changes will be discussed. At the meeting last night, party leaders debated the proposal's three most important provisions, which appear headed for varying fates.
Watchdog groups and freshman members who rode into Congress on promises of ethics reform see as most critical a section imposing stricter reporting guidelines on the practice of "bundling," in which lobbyists gather and deliver bundles of contribution checks to a member. In an effort to prevent opponents of that measure from killing the entire bill, Democrats may address bundling in a separate bill or amendment, to be introduced in tandem with the main legislation.
The House bill is likely to drop a second key provision, requiring that lobbyists who orchestrate grass-roots letter-writing and telephoning campaigns disclose their involvement.
The third new element -- a "revolving door" measure doubling, to two years, the time members must wait after leaving Congress before lobbying former colleagues -- is expected to be included in the final bill.
Other provisions impose disclosure requirements on lobbyist-paid meetings and parties, contributions to charities, and other sponsored activities. Disclosure records would be posted online, in a searchable format.
The House Judiciary Committee is expected to formally draft the bill Thursday, with a vote anticipated before the Memorial Day recess.
"I believe that the voters are going to be watching carefully to see whether we address this issue," said Rep. Chris Van Hollen (D-Md.), sponsor of the bundling measure. "We are letting our members know that this is an important issue for the Democratic agenda. . . . We're very focused on getting this done."
Sponsors and watchdogs had hoped the House lobbying reform bill would go further than the Senate's version, passed with great fanfare in the opening days of the new Congress. Instead, it appears to closely track the Senate bill, which also did not include restrictions on grass-roots lobbying. In recent weeks, according to several people close to the talks, the Senate had been pushing the House to narrow the bundling restrictions in its version, by limiting reporting requirements to clearly defined fundraising agreements between lobbyists and members. The House bill as discussed would do that.
Passage of a weaker bill -- chiefly, one without bundling rules -- would disappoint watchdogs, who have waged a lobbying campaign of their own for the new law.
"I am sensing a fading of enthusiasm for lobbying and ethics reform, which is why we have to get this done as soon as we can," said Craig Holman of advocacy group Public Citizen. "The longer we wait, the weaker this bill seems to get." Holman said he is lining up legislators to introduce, as amendments, any major portions of the lobbying bill eliminated in this week's discussions.
Democrats' promise to end the "culture of corruption" they said developed in Washington under Republican rule helped propel the party into the majority in November elections. They quickly tightened the rules over travel, meals and gifts from lobbyists, and improved disclosure rules for earmarks -- the pet projects that lawmakers tuck into legislation.
But a task force appointed by Pelosi (D-Calif.) to look into creating an independent entity to investigate ethics charges against lawmakers has missed its May 1 deadline for issuing recommendations, amid foot-dragging by members opposed to the idea.
House Democratic Caucus Chairman Rahm Emanuel (Ill.) said the party's leadership considers ethics reform "an obligation."
"We as a party successfully talked about a culture of corruption, and one of the pledges we made was to change that," he said. To do so, he added, "you've got to change the laws, and people's attitudes."
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is that not, like, the most laughable, stupid thing to do?
what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........
go buy your american dream you stupid desis...........you get what you deserve.
Truth: Harshly put.
In the words of the famous Indian poet Mirza Ghalib:->
"Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
Kahte to hain bhale ki wo lekin buri tarah"
"Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".
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How do I know who gave me the red's?
I too live in Fairfax county and I agree with you. My friend had purchased a home in Centerville and he paid the same price what it was listed for as the owner got three more contracts. He got it b'cause he paid 15 % down.
From last month bidding on home is more than it's listed price. When I talked to a real estate agent he told this will be until September end, due to schools re - opening, and from October things will start settling down to what was one month ago. It's good if you want to sell if you are in Fairfax but to purchase wait until schools reopen ( again if you don't had a school going kid in home ) and then go for looking one for you.
And for red marks, do not worry. There would some more here to give me red for this comment. Take the spirit from Ganguteli. I had never seen a person in IV forum changing color so frequently than him in last 3 years. Morning's he is green and evening's he is all red.
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People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.
Please stop this sick discussion. Do not allow this kind of divisive tactics to work on us.
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.