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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94




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


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




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  • ItIsNotFunny
    01-07 12:41 PM
    Guys,

    I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.

    Please stop these type of discussions. It will only divide us.




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

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

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

    Any cases you might have come across?



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  • brshankar
    08-05 10:27 PM
    Rolling Flood,

    There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.

    The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.

    Please dont make this a big deal. Nothing is perfect, we can find fault in everything.

    To my fellow IV members,

    Lets not fight. We need each other to win this battle. Lets win it together.

    Thanks




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  • hiralal
    06-19 10:10 PM
    here is a good prediction. for 5 years housing is going to be a lousy investment when you take inflation into account !!!
    to be honest, I would have bought a house this year because of tax credits ..but articles and predictions like this make me feel good. I guess those who are in similar situation can THANK USCIS for GC delays / visa wastage
    ---------------------
    A "distressingly slow" U.S. housing recovery, with inflation-adjusted home values expected to decline over the next five years, makes it unlikely that housing wealth will drive consumer spending in the next decade, a Reuters/University of Michigan survey found.

    Consumers are apt to maintain their renewed emphasis on savings and paring debt, Richard Curtin, director of the survey, said in a June home price update Friday.
    -------------------------------------------
    "We expect prices to drop for another year and then stabilize before starting to rise with incomes," says Standard & Poor's Chief Economist David Wyss. Moody's Economy.com predicts the S&P/Case-Shiller U.S. National Home Price Index, maintained by data specialist Fiserv, will fall about 16% this year before regaining ground.
    Another risk is that potential buyers will stay out of the housing market, no longer trusting in home appreciation to do their saving for them. Writes David Rosenberg, the former Merrill Lynch economist who is now chief economist at Toronto-based asset management firm Gluskin Sheff & Associates: "Baby boomers are still in the discovery process on oversized real estate being more of a ball and chain than a viable retirement investment asset." Rosenberg also is concerned that an aging population won't need the kind of big houses erected during the boom. "The high end of the market will be in a bear phase," Rosenberg says in an interview.



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  • chanduv23
    09-26 02:26 PM
    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.

    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored




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  • unseenguy
    06-24 08:27 AM
    see my statement yesterday:

    Even if I offer current owners 20% less , the math does not make sense for me. Hence I am expecting 30% -35% correction from current expectations of the owners.



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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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  • unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.


    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.



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  • sri
    04-07 09:15 AM
    Where is it mentioned that they will not renew the H-1Bs?


    Green card is for convenience � H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.




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  • cinqsit
    04-13 03:04 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,
    cinqsit



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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.




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  • Alabaman
    08-13 08:11 AM
    ... nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..


    better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)



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  • abcdgc
    12-27 09:20 AM
    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.

    Marphad,

    Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.




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  • nojoke
    04-15 09:26 PM
    Ok there you go, now you cannot buy a house in India and you don't want to buy one here. Neither here nor there, but then i do not play with emotions as someone had accused me, so I wish you happiness whereever you are.

    The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.



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  • mrajatish
    07-08 11:01 AM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant’s failure to RFE or fingerprint.




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  • NeverEndingH1
    12-17 04:10 PM
    LOL!

    Since everyone is posting what they want, I guess I can also just post anything here....



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  • Keeme
    12-18 05:02 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    Palestine -
    Iraq - Aren't you glad to see people are free from dictatorship of Saddam ?
    Afghanistan - Can you name a place on earth which is worst than this country ?Have you seen video how they treat woman ? Have you seen how school girls were thrown acid for attending a school ? Help Nato/ US/ other country to help those poor souls.

    Somalia
    Darfur - Do you really know what is going there ? I wonder why not Middle-east country has come forward to stop that killing so far.
    Chechnya
    Kashmir - More, (may be 1000:1 ratio) pundits/Hindus have been killed there. As I have heard, they had cut 100s Hindu women's **** and hanged in line in main street ! Can you imagine being refugees in your home country !

    Gujarat... - Get your facts clear.Muslims are much safer/prosperous in this state. Riots were normal for all of you till the killed Hindus numbers were higher than killed Muslims. some 1000 local were killed in 2002 including 400 + Hindus. People do not mention what happened before in that burning train and 100 + pilgrims were burnt alive.

    Accept that there is a problem and fight how you can change it. Today some one is become victim, tomorrow it will be your turn. Doesn't matter where you are from/which religion follow.




    nojoke
    05-04 02:13 PM
    House...forget it......


    It will never reach those highs again...

    In US..RE is done.

    Not 485...look at the number of foreclosures.....and inflation.....

    untill the war is over...forget...

    I saw a news article that says Bangalore real estate is down 20% this year. And another one that says Delhi is down 20%. What happened in India is also a part ponzi scheme. All the NRIs buying at whatever prices. How can any local guy afford at those prices:confused: Unless inflation goes sky high and wages multiplying to catch up with the inflation.
    If I buy a flat in Bangalore at 50 lakhs and expect 15 thousand for the rent, it comes to 2 lakhs approx. a year return. If I do a fixed deposit in the bank at 10% interest, I get 5 lakhs return. I can rent for 15 thousand and invest the 3 lakhs back into a fixed deposit. Over the years, flats depriciate and in 20-25 years it will be close to valued at nothing. Where as a wise investment in the bank would have multiplyied by 4 times. :(




    chanduv23
    09-29 11:00 AM
    Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

    Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

    Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

    Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

    Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

    Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.

    In my opinion, Sen Durbin's stance on EB immigrants would be the cause of concern and like we all know Sen Durbin will make calls on these issues if Sen. Obama becomes the President. Lets see how it unfolds.



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