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  • pd_recapturing
    04-15 02:39 PM
    Mariner555 is right. When I was buying a house, my friend also bought a house at the same time. he bought a big brand new single family and I bought a smaller old townhouse (2004 built). His house did cost hom around 200k more than mine. Now, after 5 months, when I asked him, how is life, he lamented that whole of his income goes towards the mortgage and nothing left for other activities. In my opinion, one shud buy house when he/she can save enough to enjoy other aspects of life after paying the mortgage. I have seen ppl cursing their decision to buy house because of the mortgage. I do not think that its anything to do with housing market.
    And finally believe me, living in your own house is a great feeling so go for it...:)





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  • dixie
    07-15 12:49 PM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.





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  • meridiani.planum
    07-13 12:26 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?

    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)





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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?



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  • desi3933
    08-06 02:00 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Just gave you a green.

    Have a good day!





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • xyzgc
    12-22 11:35 PM
    Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    Hindus also have a history and we are proud of it.
    Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
    We are proud of the fact that we didn't attack other countries and pillage other lands.





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  • soni7007
    08-06 10:04 AM
    Personally I think "Obviously" response was derogatory and not funny at all.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.



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  • yabadaba
    08-11 08:24 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate





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  • waitnwatch
    08-05 05:22 PM
    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.



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  • nogc_noproblem
    08-05 12:33 PM
    A Kentucky couple, both bona fide rednecks, had 9 children.

    They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.

    Why after nine children, would they choose to do this?

    The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.





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  • pappu
    03-25 07:03 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?

    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.



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  • sledge_hammer
    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me





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  • Macaca
    12-20 08:07 AM
    Key Setbacks Dim Luster of Democrats' Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902643.html?hpid=topnews) By Jonathan Weisman and Paul Kane | Washington Post, Dec 20, 2007

    The first Democratic-led Congress in a dozen years limped out of Washington last night with a lengthy list of accomplishments, from the first increase in fuel-efficiency standards in a generation to the first minimum-wage hike in a decade.

    But Democrats' failure to address the central issues that swept them to power left even the most partisan of them dissatisfied and Congress mired at a historic low in public esteem.

    Handed control of Congress last year after making promises to end the war in Iraq, restore fiscal discipline in Washington and check President Bush's powers, Democrats instead closed the first session of the 110th Congress yesterday with House votes that sent Bush $70 billion in war funding, with no strings attached, and a $50 billion alternative-minimum-tax measure that shattered their pledge not to add to the federal budget deficit.

    "I'm not going to let a lot of hard work go unnoticed, but I'm not going to hand out party hats, either," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).

    On Iraq, House Speaker Nancy Pelosi (D-Calif.) said yesterday: "Nobody is more disappointed with the fact that we couldn't change that than I am." But Pelosi was not about to accept Republican assertions that her first year as speaker has been unsuccessful, saying: "Almost everything we've done has been historic."

    Unable to garner enough votes from their own party, House Democratic leaders had to turn to Republicans to win passage of a $555 billion domestic spending bill after the Senate appended $70 billion to it for the wars in Iraq and Afghanistan. The war funding passed 272 to 142, with Democrats voting 141 to 78 against it.

    The Democratic leaders again had to appeal to Republicans to win passage of a measure to stave off the growth of the alternative minimum tax, because fiscally conservative "Blue Dog" Democrats were in open revolt and refused to go along. The Blue Dogs insisted that the Senate offset the bill's cost with tax increases on hedge-fund and private-equity managers.

    Needing two-thirds of the House to pass under fast-track rules, the tax measure was approved 352 to 64, with all 64 "no" votes coming from Democrats standing by their pledge not to support any tax cut or mandatory spending increase that would expand the national debt.

    The year's finale angered the entire spectrum of the Democratic coalition, from the antiwar left to new Southern conservatives who helped bring Democrats to power last year.

    "This is a blank check," said Rep. Jim McGovern (D-Mass.). "The new money in this bill represents one cave-in too many. It is an endorsement of George Bush's policy of endless war."

    Still, the Democrats delivered much of what they promised last year. Of the six initiatives on the their "Six for '06" agenda, congressional Democrats sent five to the president and got his signature on four: a minimum-wage increase, implementation of the homeland security recommendations of the 9/11 Commission, college cost reduction, and an energy measure that requires conservation and the expanded use of renewable sources of energy.

    Federal funding for stem cell research was vetoed by Bush.

    Congress also boosted spending on veterans' needs. Just yesterday, Democrats unveiled a proposal to create the first nonpartisan ethics review panel in House history and passed the most significant gun-control legislation since the early 1990s, tightening the instant background-check process.

    Beyond those, Democrats secured the biggest overhaul of ethics and lobbying rules since the Watergate scandal. And they passed a slew of measures that have received little notice, such as more money for math and science teachers who earn more credentials in their field, tax relief for homeowners in foreclosure, a doubling of basic research funding, and reclamation projects for the hurricane-devastated Gulf Coast.

    With the exception of the new energy law, Pelosi characterized most of the year's accomplishments as a cleanup after years of Republican neglect or congressional gridlock.

    But the long-awaited showdown with Bush on the federal budget fizzled this week into an uncomfortable draw. The president got his war funding, while Democrats -- using "emergency" funding designations -- broke through his spending limit by $11 billion, the amount they had promised to add after Republicans rejected a proposed $22 billion increase in domestic spending.

    Remarkably, House Minority Leader John A. Boehner (R-Ohio) praised the final omnibus spending bill in glowing terms, while Senate Minority Leader Mitch McConnell (R-Ky.) called keeping federal spending at Bush's preferred level "an extraordinary success."

    "Our work on holding the line on spending gave us an omnibus that is better than I've seen in my 17 years here," Boehner said yesterday. Twelve of those years were spent under Republican rule.

    But the disappointments have dominated the news, in large part because Democrats failed on some of the issues that they had put front and center, and that their key constituents value most.

    The military prison at Guantanamo Bay, Cuba, remains open. Bush's warrantless surveillance program was actually codified and expanded on the Democrats' watch. Lawmakers were unable to eliminate the use of harsh interrogation tactics by the CIA.

    Democratic leaders also could not overcome the president's vetoes on an expansion of the State Children's Health Insurance Program, despite winning over large numbers of Republicans. Policies that liberals thought would be swept aside under the Democratic majority remain untouched, including a prohibition on U.S. funding for international family-planning organizations that offer abortions.

    Efforts to change Bush's Iraq policies took on the look of Pickett's charge at Gettysburg. From the first days of the 110th Congress to its last hours this week, Bush prevailed on every Iraq-related fight, beginning with February's nonbinding resolution opposing the winter troop buildup and ending with this week's granting of $70 billion in unrestricted war funds. Emanuel tried to call the $70 billion funding a partial Democratic victory because it was the first time the president did not get everything he sought for the war. Bush had requested $200 billion.

    Some senior Democrats have grown so distraught that they do not expect any significant change in Iraq policy unless a Democrat wins the White House in 2008. "It's unfortunate that we may have to wait till the elections," Sen. Edward M. Kennedy (Mass.) said yesterday.

    This has left many Democrats resorting to openly political arguments, picking up a theme that Republicans hurled at them -- obstructionism -- during their many years in the minority. Sen. Charles E. Schumer (N.Y.) conceded that it is time for Democrats to forget about trumpeting accomplishments that voters will never give them credit for -- and time to change the message to a starkly political one: If you want change, elect more Democrats.

    Sen. Richard J. Durbin (Ill.), the Senate Democratic whip tasked with trying to find 60 votes for a filibuster-proof majority, acknowledged this week that Democrats' biggest failure stemmed from expecting "more Republicans to take an independent stance" on Iraq. Instead, most of them stood with Bush.

    "Many of them will have to carry that with them into the election," Durbin said.



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  • yrspassby
    08-07 04:47 PM
    A retired gentleman went to the social security office to apply for Social Security.

    The woman behind the counter asked him for his driver's license to verify his age. He looked in his pockets and realized he had left his wallet at home. He told the woman that he was very sorry but he seemed to have left his wallet at home. "I will have to go home and come back later." The woman says, "Unbutton your shirt." So he opens his shirt revealing curly silver hair. She says, "That silver hair on your chest is proof enough for me" and she processed his Social Security application.

    When he gets home, the man excitedly tells his wife about his experience at the social security office. She says, "You should have dropped your pants. You might have gotten disability too."





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  • Macaca
    02-21 04:18 PM
    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration.

    Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).

    I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.



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  • bharol
    01-08 12:11 AM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)



    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.

    If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.





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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.





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  • jgh_res
    06-20 09:39 AM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.

    http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".





    vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.





    cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

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

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"



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