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  • unitednations
    03-26 04:51 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.





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  • prolegalimmi
    07-11 02:44 PM
    Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!

    Best.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.





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  • axp817
    03-26 05:52 PM
    Does this mean that H1B is also location specific?

    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.





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  • yrspassby
    08-06 03:14 PM
    According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting

    Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)

    It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)

    Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"



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  • funny
    09-30 03:05 PM
    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.

    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.





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  • allinall
    01-06 03:21 PM
    Hello all,
    What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.



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  • xyzgc
    01-03 05:02 PM
    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.


    I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.

    Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.

    Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
    Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...

    Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.





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  • gcisadawg
    01-06 05:45 PM
    Refugee New,

    The focus has totally shifted from "Israeli occupation of Palestine" to "Terrorism". WHY? Blame it of Arafat, his successors and now Hamas.

    See how other Arab countries are treating Palestinian Refugees.

    http://en.wikipedia.org/wiki/Palestinian_refugees

    You can not blame everything on Jewish media. There is no point in you and me jumping up and down. The people that needs to realize should realize and focus on a workable solution.

    Mumbai terrorism was discussed at length but you did not see the same level of discussion for LTTE's war with SLA. LTTE shares religion, language and ethnicity with lots of Indians but you DID NOT see the board discussing about that war a lot. What does that mean? It is people's nature to care only about things that impact them. There are so many stuffs that happens in world that doesn't impact all.

    This is another example of Middle east getting much more media attention than war between LTTE and SLA. With all the media attention and world opinion favoring Palestine until 10 years ago, they should have gotten their own state long ago.



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  • sk2006
    06-05 03:20 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.


    Correct.
    Infact experts call an invest a good investment if
    #1 Returns are good
    #2 Expenses are low

    Investment in house does not meet any of these.. Returns historically are only slightly better than rate of inflation (forget the bubble years) and expenses which include property taxes and maintenance costs are too much to call it a good investment. And then you pay interest on the borrowed money.





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  • sanju
    12-18 12:46 PM
    Guys..

    If you believe in Science, you wont tend to believe in any religion or for that matter any God..

    God was created by man..

    Imagine this :

    Take for ex : God is human.. How can a human being be supreme or whatever and manage other humans.. For ex if 1000 people commit crime how can a God being a instance of human being watch them.. Even if he watch them how can he punish them.. all not humanly possible.. so God cannot be human..

    So let us take like what Islam says.. God is not human nor he is physically presence.. In that case how an Supreme being again watch all of our deeds when even a human kind of thing is not possible.. So God cannot be supremely supreme to watch us..

    Earth all happened by itself and it evolved by itself.. It will destroy itself and it will retransform itself.. this is the absolute truth.. believe it or not..

    Everyone has some kind of inner consciensus.. you be afraid to that and answerable to that.. (You can call it as God if you want..)

    Other than that start believing in Science and be answerable to yourself.. Nothing else matters...

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.

    All through out the history, Religion has been in competition with science. Why? Because Religions want to be the answer to every question -why do we have day and night, earth is flat,...? Then came science, providing valid reasoning to these questions. So there was competition. In earlier years, as we all know, people who said that earth was round were executed by the religious people who felt thretened. That close mindedness did not end there, it still flows in everyone still praticing some form of oraganzied religion.

    Human behavior is such that we try to make up reasons to explain everything around us. And for the things we don't understand, we go to our religion to find answers for the unknown. Religions always comes up with some answer, which is proved wrong 100% of the times as science progresses. It would be ok to believe religious view that earth is flat and "GOD" is spinning the earth on his/her fingers. But you see, we no longer live in medival period, and know better than that. Although, we have gained knowledge and we continue to find out more things, but the religious leader still wants mankind behave as if we are living in medivial period. Based on what the so called religious leaders tell us, people still follow these books litterally and blindly, because mankind continue to look towards religions whenever we are not able to find answers to our questions. And this bahvior pattern has gotten embrossed into our genes during 100s of generations.

    And scientist do not have answers for everything, yet. And for the things they don't have answers, because of their genes and their lack of ability to answer every question, they look upon religion for answers to questions that they cannot explain. But great scientist have never relied on "a religion" to explain GOD, although most have acknowledged their believe in the existance of GOD. But that in itself is not enough for us to take the word of the book each religion preaches litterally, and call people from other faiths as non-believers, evil, kafirs or every other synonym out there. That's the same kind of ingorance and disease as demonstrated and abetted by people who killed scientist in the middle period for saying that earth is round. Its the same kind of behavior that tells others to riot because some newspaper published a cartoon in some part of the world and that cartoon offended my GOD. I mean, how shallow is that God or show narrow minded is that religion which gets offeneded by a cartoon. And that doesn't applies to one religion, it applies to evey organized religion out there. Just think ....

    Following an organzied religion doesn't mean that you acknowledge the existance of GOD or you "believe" in GOD. It just means that you believe in the religion in which you were born, and inspite of everything you learned, you fall short of finding answers to your questions, and hence the narrow world view.



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  • centaur
    02-25 05:25 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.





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  • unitednations
    03-26 04:45 PM
    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

    The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).

    Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.

    Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.

    Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.



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  • bfadlia
    01-10 04:16 AM
    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!

    i'm amazed u know khalidi (yes pro-palestinian, all US media is pro-Israel and no one finds anything wrong in that), and on the other hand think that resolution 181 had anything to do with egypt or jordan, the resolution partitioned palestine into a jewish state on 56% of the land and an arab state on 43% of the land and about 1% international area.. that is at a time where the palestinian population was 1,223,000 and the jewish population 417,000

    Territory Arab and other population % Arab and other Jewish population % Jewish Total population
    Arab State 725,000 99% 10,000 1% 735,000
    Jewish State 407,000 45% 498,000 55% 905,000
    International 105,000 51% 100,000 49% 205,000
    Total 1,237,000 67% 608,000 33% 1,845,000
    Data from the Report of UNSCOP — 1947

    In case you don't know israel took much more in 1948 than what this unjust resolution specified, then it took control of 100% in 1967 and never ceased to build settlements everywhere since then, the most generous israeli peace offer since oslo was is to establish the palestinian state on 13% of the land

    i am tempted to respond to your "pot smoking" comment, but i have enough self respect not to go there





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  • optimystic
    04-06 02:08 AM
    Excellent analysis Jung.lee

    Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti

    I couldn't control my laughter. You have a good sense of humor too

    Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)

    But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !



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  • acecupid
    08-05 12:09 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.





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  • sc3
    08-05 08:07 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.



    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.

    Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.

    Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".

    The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.


    "You have a advanced degree that no Bachelors can do... that is the law"


    So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.


    No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.


    And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.



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  • gcisadawg
    12-26 11:16 PM
    to clean our bottom. I agree. We have to do it ourselves.However, attacking terror camps in Pak by India is not going to solve the problem.

    We are dealing with mad , fanatic , fundemantalistic army with weak democratic government.I think majority of Pak citizens are like us.They don't want war. The ideal way is squeeze that country by economic sanctions, international seperation etc.

    If we attack even the so called terror camps, the Laskar e Toiba people will be gone long time ago. May be we have to satisfy by killing the some innocent Pak citizens by those surgical attacks.

    World policeman America did the similar cleaning business by arming the fanatics in Afganistan to oust Soviet army from Afganistan. The devil nourished by America with support of Saitan ISI is biting back US now.

    Israel is not sleeping peacefully. OK they won the six days war by preemptive strike of Egypt. What happened now ? Stupid palestinan Hamas fire two rockets killing two isralies inturn killing of twenty innocent paletinaian by brutal isral army. Is the middle east problem solved by preemptive attack or postemptive attack? It will be solved by mutual giving and taking not by war.


    You don't want to get tore away your front and back by fighting with lunatic Pak military. You may destroy the Pakistan, but you will be without front to
    --- and back to ----.You means not you. Our brave Indian soldiers.You will be sitting in your airconditioned room , watching the live relay in CNN of Indo-Pak war and happy with mutual assured destruction the war will bring on both poor countries.

    So, let US army to attack the so called camps .They are already doing in the Afgan-Pak border. Let them tilt their gun little bit more so that the camps on POK also get hit.

    It is foolish to get killed.Let the other man do the job for you.Let the world policeman do what it preaches. " War on terror ".

    Amma,

    I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.

    Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
    Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.

    India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.

    Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
    IK Gujral stopped the covert ops. It need to be restarted.

    We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!

    One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"

    We need to show that it comes with a COST. War is not an option.

    Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.

    If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?


    Peace,
    G





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  • alterego
    07-13 02:09 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

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

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.





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  • DSJ
    05-16 12:14 PM
    You should see working them after banning consulting company or body shopping, they will be worst than consulting company. Everybody is here to make money no one will be spared.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.





    mariner5555
    04-16 04:50 AM
    probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..





    sanju
    04-07 11:55 AM
    Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.