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  • 485Mbe4001
    08-06 01:41 PM
    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).





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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..





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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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  • conchshell
    08-05 06:10 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D



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  • gk_2000
    07-29 05:51 PM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..





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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.



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  • retropain
    08-11 03:17 PM
    Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.

    I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?

    (they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)





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  • senthil1
    05-16 12:15 AM
    Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .



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  • Macaca
    05-18 05:23 PM
    Guilty by Association (http://www.foreignpolicy.com/articles/2011/05/17/guilty_by_association) By RACHEL BEITARIE | Foreign Policy

    On a quiet block in western Beijing where otherwise only a few retirees can be seen walking their dogs or trimming their bushes, one building is under constant and conspicuous surveillance. A plainclothes policeman stands guard before an entranceway, while another keeps watch sitting inside a small cabin.

    The unlikely object of the Chinese state's attention in this instance is Liu Xia, a painter, poet, and photographer -- and the wife of Nobel Peace Prize laureate Liu Xiaobo. Guilty by association, she has been under house arrest, with almost no contact with the outside world, since November 2010, when her husband's award was announced. No one has heard from Liu since February, and her friends are increasingly worried about her health. Still, there is no sign that the authorities are planning to relent.

    Liu's arrest underscores a peculiar aspect to the recent Chinese crackdown on political dissidents that has seen the detention of dozens of prominent activists, intellectuals, and artists. Authorities are increasingly targeting not just critics of the ruling party, but their family members, including spouses, parents, and even young children. While the dissidents gain the headlines, their relatives are punished out of the spotlight. Though the wife of jailed artist Ai Weiwei was recently allowed a visit her husband, she could be next in line to lose her freedom.

    It's a punitive strategy that seeks to exploit Chinese traditions of filial piety. For China's dissidents, family is often both a source of strength and weakness: Chinese families tend to be close and highly involved in each other lives, and they take seriously the promise to stick together through thick and thin. The government, aware of these close ties, is using them to put more pressure on activists.

    It also bears echoes of the Cultural Revolution-era, when many Chinese families were torn apart as spouses and children were forced to denounce loved ones labeled by the authorities as capitalist traitors and were sometimes forced to take part in their public humiliation. Today's China is again making a policy of manipulating familial love and devotion to suppress any political challenges.

    "One of the more troubling trends we see in recent years has been for the government to more directly involve family members," observes Joshua Rosenzweig, a senior researcher at the Dui Hua Foundation, a U.S.-based organization dedicated to improving human rights in China. "We see surveillance, constant harassment, even extended house arrests. These all happened before, but now they have become routine" -- as in the case of Liu Xia. Rosenzweig adds, "Legal procedure has become irrelevant" in the Communist Party's quest to maintain stability. Under Chinese law, there is no procedure that allows for a person to be held indefinitely under house arrest without charges or a police investigation. "To put it simply, families are being held hostage," says Rosenzweig.

    Zeng Jinyan would concur. She has been under constant surveillance and subject to frequent house arrests ever since 2001, when she met her husband, AIDS activist Hu Jia, who is now serving a three-and-a-half-year sentence for "subversion of state power." Zeng was a student when they met, and she says she never imagined her life turning out the way it did. "I thought I'll graduate, find a job, and marry. I planned on a simple life and was hoping I could have enough time and money to travel the world," she tells me in a telephone interview. But she has since become an acclaimed activist in her own right, detailing her everyday life under the party's watchful eye on her blog and Twitter account. In 2007, Time magazine included her on its list of the world's 100 most influential people. Clearly, the regime's strategy backfired in this case.

    Most families, however, don't have nearly that kind of wherewithal. Take, for example, the family of Chen Guangcheng, a blind, self-taught lawyer from Shandong province who was imprisoned for four years for his work with disenfranchised villagers and woman forced to have abortions. After his release, he was forced to live in isolation in a Shandong village, together with his wife, Yuan Weijing, and their 6-year-old daughter. Yuan is denied almost all contact to the outside world, including to her son, who she sent away to be raised by relatives so that he can attend school. In February, the couple managed to smuggle a video out of the country in which they described their plight. They were reportedly beaten and denied medical treatment after the video was posted online.

    On the phone, Zeng describes the successive levels of pressure that the government applies to her: "First of all, there is worrying about [Hu's] safety. For some time, we didn't even know where he was and what kind of abuse he was suffering. I worry about his health, about his mental situation."

    "Then there is the question of making a living and sustaining some income as a de facto single mother," she continues. (Zeng's daughter is three-and-a-half years old. Her father was imprisoned shortly after she was born). "Because of constant police harassment, I could not get a good job or start a business. For a time, I couldn't even get a nanny for my child because when I hired one, the police would threaten her and scare her away."

    Zeng says the psychological warfare she faces is brutal. Between threats and detentions, she repeatedly has to deal with the innuendo from her surveillance teams and government-sponsored neighborhood committees, which suggest there were "high-positioned" men "interested" in her and imply that she could improve her situation greatly if only she would leave her partner.

    "All this is meant to isolate me from society and to break me down," Zeng concludes. "Sometimes it works. They planted deep trauma in my heart."

    Although Zeng has chosen to join her husband in dissenting against the government, picking up where Hu was forced to leave off when he was arrested for his activism, some relatives of dissidents prefer to keep quiet. Still others try to actively distance themselves from activism, sometimes going so far as to move to an entirely new city or even to file for divorce. That's what happened in the case of Yang Zili, a social commentator who was imprisoned for eight years in 2001 for organizing a discussion group on political issues. His wife at the time, Lu Kun, petitioned several times on his behalf, took care of his defense and finances, and visited prison when allowed, but eventually moved to the United States. The couple divorced after Yang was released in 2009. Yang says he understood her decision. "It is just too much pressure, being the wife of a dissident in China; it's a fate many prefer to avoid," he says. Still, Lu's choice also made Yang's life more difficult: the last couple of years of his prison term he was held in almost complete isolation, with no family visits at all.

    "Tactics are definitely designed to put pressure on those who contemplate political activism," Rosenzweig explains. "It is one thing to be willing to confront authorities or even go to jail, and another thing to know your family will suffer. This doesn't always deter everyone from speaking up, but it is a factor dissidents take into account." Liu Xiaobo, the Nobel laureate, referred to this factor in addressing his wife in a speech before the court that sentenced him -- after a speedy trial that Liu Xia was not allowed to attend -- to 11 years in prison: "Throughout all these years ... our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin.... My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight," Liu said.

    Wives (and in some cases husbands) are not the only ones who earn the attention of the state: Zeng's parents, who live in Fujian province, receive frequent police visits, while her in-laws in Beijing were put under house arrest several times. In another case, the elderly parents of an activist were threatened by the local police in their small town and were then rushed to Beijing so that they could pressure their son to stop his involvement in human rights organizations. A Shanghai lawyer, Li Tiantian, reported in February that her boyfriend was threatened that he'll be dismissed from his job on account of her activism. Li has since been taken into police custody.





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  • akred
    06-25 03:51 PM
    2. Bubble began forming around 2000 to 2002 depending on the area.

    Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.



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  • riva2005
    05-16 06:51 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.

    Thanks for listening and responding so far.





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  • bestin
    03-24 09:21 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    who cares when life matters.Exactly.Thats the way i think too.We might be spending an additional 500 on a mortgage But we get better comforts.Spending a good paortion of your age without comforts which ypou are eligible doesnt make sense.And if something fails let the bank have it.After all we spent Rs.20000 PM for additional comfort.



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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?





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  • hiralal
    06-26 09:56 PM
    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!



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  • wizpal
    06-05 05:06 PM
    A very simple, dumbed down calculation to see which one trumps the other, buying or renting:


    1. Home Cost: $300,000
    2. Down: $ 30,000 (10% of 300k)
    3. Mortgage: $270,000

    4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
    5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)

    6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
    7. Rent on a similar home/yr: $ 18,000 (1.5K/month)

    8. Equity/yr: $ 15,000 (5% of 300K)
    9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)


    I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.

    Situation Rent:
    If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
    Of course, your capital of $30,000 is still earning compounded returns.

    Situation Own:
    Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.

    As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.


    Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

    As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
    what it feels like to have owned a home.





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  • Macaca
    02-24 08:17 AM
    Some paras from Democrats Offer Up Chairmen For Donors (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/23/AR2007022301978.html), By Jeffrey H. Birnbaum and John Solomon (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum++and+john+solomon/), Washington Post Staff Writers, Saturday, February 24, 2007

    Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.

    In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.

    The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.

    The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.

    In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.

    The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.

    And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).



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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





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  • GCapplicant
    07-14 05:21 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.



    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.





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  • unitednations
    07-17 12:47 PM
    Here is a real example that is going on right now.

    Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.

    He gets an rfe to give I-20 and prove status.

    Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.

    However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.

    Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.

    Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.

    If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.

    Not a good situation all around for him.





    mrane1
    04-07 02:45 AM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!

    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?





    Macaca
    03-19 01:23 PM
    Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)

    Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )

    The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.

    This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.



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