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  • unitednations
    07-19 04:14 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers


    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.




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  • niklshah
    07-14 08:49 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

    guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....




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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.




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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

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



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  • jthomas
    09-30 01:04 AM
    I am working in US from 2002 in H1B visa. Looking at the scenarios, it does not seem that we would be getting our green card soon. It would be wise if we start looking for some altenate. I have a Canadian Permanent residency and i am thinking sometimes soon i will move to canada. I have learned a lot working in United states and had changed 3 employers during 7 year period. I am seriously thinking about two options, One is to start a business in India with the technology i am woking in and secondly to move to canada and market those products over the globe. I am thinking about patenting some existing design for some application which people have not implemented. Once i file a patent, with broad open areas, i am sure to rule over the technology for next 20 years.
    I think we have spend the cream of our lives in this land and followed the rules of the land. If we are not required in this land lets move to some other country where we are welcomed. After the elections, Whether its Obama or Mcain nobody would care for us till the economy comes out of recession. Even with HR5882 we don't know how soon USCIS would process our green card. At present they are not able to process the alloacted number of green cards.
    Whether its Obama or Mcain does not mean anything. It seems to me like Obama would win the elections and Sen Dublin would give us a hard time.




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  • delax
    07-13 08:59 PM
    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.

    If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.

    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
    Pasting the post in the link above:
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.



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  • GCA
    08-05 02:11 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..




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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!



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  • perm2gc
    08-11 03:52 PM
    Guys

    Is Dobbs a Native American?

    Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..




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  • senthil1
    04-07 10:20 AM
    Under what provisions they will make H1b harder? Main test H1b can be hired when there is no US worker is available. That is reasonable. Today's situation it is easy to prove that no USA worker is available. Some restrictions will make TCS and Wipro to hire US workers(If you get gc you are US worker) with market pay also apart from H1b. The companies which will run completely on H1b will not grow. Only bad economy H1b persons cannot be hired. Because of this law H1b hiring may be reduced by 50%. But I think bill may not get much support. But some point of time may be after a few years it will come(may be they may stop completely H1b) as H1b hiring is in so crazy level. It is better to control now by some way instead of getting backlash after some years. Now most of H1b persons are having view that US citizens are lazy and lethargic and not employable. That is not true. Most of Desi companies are following law. But some sections of law is making mess so it needs to be corrected.
    It’s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
    1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
    2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.

    Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.

    Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.

    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.



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  • JunRN
    06-07 02:07 PM
    JunRN, it all depends on how much risk are you willing to take in what area. Equity is generally believed or historically trended to provide 10% returns over 10 years span (multiple market cycles). Where as dwelling as an investment provides a marginal 3 to 5% depending on location in a normal growth rate (Exception to Bubble). Equity market has nose dived as did housing market and people consider it too risky to invest at this stage in equity due to uncertinities (lot of companies may not make it through though times or No. PC companies which has become QPC -filed for chapter11 protection has increased) even though it doesn't involve huge amounts as housing at per unit basis. For investers, same applies for dwelling investment as well at a higher scale. More Chapter 11->more job losses->more houses on foreclosure.

    Just to counter your argument, Let me tell you one scenario, When stock market went down, I invested in shares some time back in February 09, as of today, If I look at the individual investment, it stands at 60% increased. But I do not think that it will provide me a 60% returns.. over 10 years... I expect only 10% and may increase to 15% in the long run which is a ball park number.

    Lot of sellers/brokers referred Zillow during 2006 and early 2007 (Bubble) to sell their houses at an inflated prices as I mentioned earlier, when it went up 20000 per month for several months.. Based on these numbers..people streached themself and jumped to grab one before it goes beyond their reach thinking that it will continue to go up.. Now, the houses values under water and they are whining about it every day and night.. some of their home values evapourated by 30 to 40%. (I am talking about 100,000 to 150,000 south). Zillow goes up and down.. in short term depending on historic sales and builder's listing price changes, not based on any economic outlook. Every agent wears two hats and is two-faced, because a home�s �value� has to be higher when represent a seller and lower when represent a buyer. The Zillow range of value represents best hope for buyer at the low end of the range, and highest for seller at the high end of that range.

    Here's what they say about it in disclaimer "The Zestimate is not an appraisal and you won't be able to use it in place of an appraisal, though you can certainly share it with real estate professionals. It is a computer-generated estimate of the worth of a house today, given the data we have available. Zillow.com does not offer the Zestimate as the basis of any specific real-estate-related financial transaction. Our data sources may be incomplete or incorrect; also, we have not physically inspected a specific home."

    My point is, Unless the correction happens in housing market, which is widely believed to be another 10 to 12% further south from where it stands now.. there is always a risk in buying one thinking that its going to appreciate in next 10 years. Remember though the demand cycles for realty market is lenghty ones which will rise once in 10 to 15 years but this does not mean that there's going to be another bubble again to hike it up by 100 and 200% :). It may rise as historically did to provide a 3 to 4% returns. This is regardless of location... location.. location.. First, It will take time to stabilize the market just because there's too much supply, affordiability issue and aging population.

    Buy or not, depends on whether and how much you are willing and open to take risk. Higher the risk, higher the returns.. doesn't mean it applies to stupid decisions... One thing I wanted to mention though, we have utilization value for living in a house, bigger than an apartment, again its an individual perspective.

    I have not entered into the discussion of the intrinsic/utilization value of owning a home specially with 3 small kids like mine because it's hard to put a $$ value without being biased.

    The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.

    Could I have waited until home prices go down another 10%? Probably a wiser decision but as I monitor home purchase price of same model as mine in same community, not one was able to buy same model home as low as my purchase price. So I felt relieved.

    But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself.




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  • Macaca
    02-13 10:56 AM
    Taken to School (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

    Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.

    Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.

    Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.



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  • thomachan72
    03-23 01:31 PM
    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.

    Easier said than done :-) Well a lot of us are waiting anxiously for some activity on the USCIS side regarding our petitions and suddenly you get a call!!! Wow, I am sure a lot of us would panic and give out exactly what they want. Now whether immigration officials are permitted to make calls? who knows? But honestly we are in a screw either way. What is the official is genuinely trying to help and we start asking him.. Give me your number and let me call back. what if he/she is ofended (most often that can happen). On the other hand if as you said, if it happens to be a ID theif/crook, if you give him all that he wants :-(
    Why dont we prepare ourselves for such events:---
    when you get a call from Immigration---
    1) Dont loose your cool 2) be very polite and ask politely "Sir / madam, may I obtain a phone number that I can call back and I will do that immediately or at your convenience. I have waited long and would provide you with all the details that you require on calling back.
    Any "English" experts, please contribute to better way of answering the "Unexpected" phone calls from immigration dept. We should be prepared to not loose their initiative (that little angel that rests deep within any persons heart).




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  • pvadiga
    09-30 09:26 AM
    Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk

    I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer

    We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S



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  • texcan
    08-26 07:58 PM
    A few nice kavitas by Dr. Kumar Viswas.

    Enjoy.

    http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)



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  • jnraajan
    06-05 02:25 PM
    It is December 1st not November 30th.

    http://www.federalhousingtaxcredit.com/2009/faq.php

    Actually, It has to before Dec Ist, so technically, you should have closed the house at least on Nov 30th.



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  • alisa
    12-27 02:09 AM
    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger.
    I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
    I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
    But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
    I don't know who all controls the nukes. The army is certainly one part of it.




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  • pappu
    04-09 02:42 PM
    Let us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

    This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.




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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..




    sledge_hammer
    06-05 11:12 AM
    Reading the article I take it that the writer is only concerned about the profitability of buying a house in the current situation. He's not of the opinion that buying a house is bad investment, ever! But a good investor does not try to time the market; it is, in my opinion, even if you tried, an art and not a science. So now maybe the best time to buy actually!

    But I have also seen many ignorant, anti-capitalist, anti-government, conspiracy theorist freaks out there, blogging from their basement, and writing articles suggesting that the government is somehow brain washing the public into buy a house so that they'll become the government’s slaves for the rest of their lives. These guys have actually never ever made any real money. They come up with short sighted calculations to prove that renting for life is better than owning a home. In my opinion no one should be listening to these people. I have yet to hear from a successful investor, or a businessman, or anyone that has what you may call reasonable wealth, saying that real estate is bad in the long run. I would take these people's advice any day because they have the money to show for their sound investment strategies, one of them being investment in a house, or a piece of real estate.

    We as immigrants who are not sure of where we'll be in the next 5 years may want to consider the fact before investing in a house. But anyone else that has no such worries would be foolish not to buy a house thinking it is a doomed investment.




    raysaikat
    06-24 12:04 PM
    [snip...]
    If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it?
    [snip...]

    You should compare only the interest part of your mortgage payment when comparing with rent.



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