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  • Gravitation
    03-25 04:27 PM
    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don’t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person’s situation is different. Like I said if I was in CA, probably I would be renting too.
    You're absolutely correct. It depends a lot on one's personal risk profile. I believe in taking calculated risks. So I find myself shaking heads when I read the posts that only consider worst-case scenarios and describe a house as golden-trap. Again, they probably have a valid PoV; just a very very different risk profile from me.




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

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

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

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

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




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  • Refugee_New
    01-07 10:02 AM
    Their ideology is kill th kafir (non-beleivers). thats where all the problems started.

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.




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  • masaternyc
    01-11 01:50 PM
    Who crucified jesus, they are still on for other religions too??? including hindis, muslims, sikhs etc. Read the history, 100,000 people demonstrating in spain means nothing???
    Rally for GC was only few hundreds but people rallying in 100,000's in Spain atleast means something to me.

    http://www.iht.com/articles/ap/2009/01/11/europe/EU-Europe-Gaza.php



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  • desi3933
    08-05 03:26 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002




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  • vdixit
    12-31 02:06 PM
    No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.



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  • purgan
    04-06 11:03 PM
    I don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...




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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    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



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  • nojoke
    12-27 06:24 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved




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  • WantGCQuick
    06-05 02:36 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!



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  • alterego
    11-21 05:37 PM
    This man is truly delusional and ignorant and a total propaganda machine.
    Tonight he is stating that India is going to transfer sensitive nuclear technology that it will get from the USA through the nuclear deal to China.
    Does he even realise India got its ass kicked in a border war with China in the past, and that India and China share a border so that it rather than the US faces a more imminent danger from an all conquering and enabled nation.
    What a moron. Tonight I realised the extent of his hillbilly journalism. All he is after is ratings, he chats pure S#*&. Harvard ought to be ashamed of him.




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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?



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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]




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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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  • gimme_GC2006
    04-13 09:26 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

    thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)




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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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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.




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  • pitha
    01-28 09:57 AM
    lou dobbs is not a reporter, dont get confused. He is an opinion dispenser. Just like Rush Limbaug, Sean Hanity, Glen Beck etc. But either ways he is after us in immigration.




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  • like_watching_paint_dry
    08-07 08:57 PM
    A guy walks into a bar with his pet monkey.

    He orders a drink and while he's drinking, the monkey starts jumping all over the place. The monkey grabs some olives off the bar and eats them, then grabs some sliced limes and eats them, then jumps up on the pool table, grabs the cue ball, sticks it in his mouth and swallows it whole.

    The bartender screams at the guy, "Did you see what your monkey just did?" The guy says, "No, what?" "He just ate the cue ball off my pool table - whole!" says the bartender.

    "Yeah, that doesn't surprise me," replies the patron. "He eats everything in sight, the little jerk. I'll pay for the cue ball and stuff." He finishes his drink, pays his bill, and leaves.

    Two weeks later he's in the bar again, and he has his monkey with him. He orders a drink and the monkey starts running around the bar again. While the man is drinking, the monkey finds a maraschino cherry on the bar. He grabs it, sticks it up his butt, pulls it out, and eats it.

    The bartender is disgusted. "Did you see what your monkey did now?" "Now what?" asks the patron. "Well, he stuck a maraschino cherry up his butt, then pulled it out and ate it!" says the barkeeper. "Yeah, that doesn't surprise me," replies the patron.

    "He still eats everything in sight, but ever since he ate that cue ball he measures everything first!"


    Moderators .. please delete if inappropriate




    485Mbe4001
    08-06 04:18 PM
    Thanks for posting rolling_floods first post. It is the reason i talked about the holier-than-thou attitude with this guy. He/she was at pains to remind me to read the OP, but the truth comes out in the end...


    Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

    It seems that he is always ready to file lawsuit.

    For me, its a good read to get a good laugh. :D




    ssa
    06-25 03:47 PM
    You just gave an example of a guy who owns his own house.

    And who was rich first and does not consider his house as an investment!



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