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unitednations03-25 12:41 PMThanks for the link. Essentially there are 2 issues here

1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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SunnySurya12-22 02:41 PMSee me standing there in the video!
http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
and
http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
****
Indian Americans ask UN to declare Pak a terrorist state

PTI | New York


Braving sub zero temperature and cold wind, more than 200 supporters and workers of dozens of Indian American organisation held a demonstration outside the UN, seeking the world body declare Pakistan a terrorist state.

The demonstrators, from New York and adjoining New Jersey and Connecticut states spearheaded by Overseas Friends of BJP (OFBJP) and Indian American Intellectual Forum, demanded that the international community take action against Saudi Arabia also as groups based there had been funding the terror operations which are planned and executed from Pakistan.

The international community, they said, need impose economic sanction against Pakistan and Saudi Arabia and force Islamabad to rein in its "infamous" Inter-Service Intelligence (ISI) which, they alleged, provides logistic and other support to terrorists.

If Pakistan does not hand over the suspects that India has demanded, they should be tried by the International Criminal Court for crimes against humanity, they said.

The demonstrators carried pictures of Jewish couple Rabbi Gavriel Holtzberg and wife Rivka, who were murdered by the terrorists during Mumbai attacks, with caption: "It is a crime to be a Jew?" The demonstration began with a silence observed for one minute to pay homage to the victims of Mumbai attacks and the police officers who were killed in the action.

"Who is funding terrorism?' Saudi Arabia," "Down with Pakistan," "Pakistan, a failed state," "Stop aid to Pakistan," and "Radical Islam is the worldwide problem," were among the slogans that they shouted.

Gaurang Vaishnav, a spokesperson of the Tristate Indians under whose banner the demonstration was organized, said that it was important that countries such as US, Britain, Israel and India come together to evolve a strategy to root out the terrorism.
************************



SOLIDARITY DEMONSTRATION
Sunday, December 21, 2008 1.00 - 3.00 P. M.
Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

• HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
• ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
• DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
• DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
• DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
• DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
• HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
• DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
• IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

If you answered YES to any one of the above, then
Come Rain, Snow or Cold, JOIN
TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

Who will set the things right? WE THE CONCERNED PEOPLE...


TRISTATE INDIANS: Supporting Organizations
Aligarh Muslim University Engineering Alumni Association of North America
Afghan Hindu Association, Inc
Arsha Bodha Center
Art of Living Foundation, USA
Baba Balak Nath Temple, New York
Bangladeshi Hindus of America, New York
Bangladesh Minority Forum, USA
Bunt Association of North America
Ekal Vidyalaya Foundation of USA
Federation of Indian Associations
Friends of India Society, International
Hindi Samiti of USA
Hindu Center, New York
Hindu Collective Initiative of North America (HCINA)
Hindu Human Rights Watch
Hindu International Council Against Defamation (HICAD)
Hindu Right Action Force (HINDRAF)
Hindu Swayamsevak Sangh
Indian American Intellectual Forum
Kanchi Kamkoti Foundation USA
Kannada Koota
Malyali Hindu Mandalam of North America
Marathi Vishwa
Nataraja Mandir (WSFC)
Om Temple of Garden State
Overseas Friends of BJP
Overseas Sindhu Sabha, New York
Panchvati Ashram, New York
Phagwah Parade & Festival Committee
Punjabi Darbar Religious & Cultural Society
Sadhanalaya Dance, Inc.
Samskrita Bharati
Satya Narayan Mandir, Elmhurst
Save Temples in India
Shree Trimurthi Bhavan
Sindhi Circle, New York
The Caribbean Voice
The South Asian Times
Vishwa Hindu Parishad of America
and many more …



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setpit_gc08-05 04:23 PMRolling Food,

Don't waste your money and energy. You will fail if you go with this idea.

Try it out if you can.

BTW, I am in the process of porting my PD and category.



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Arjun07-14 08:35 PMI dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.

The way it is working for EB2, it is going to work exactly for EB3.

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mariner555504-15 04:18 PMI just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home. I agree with what h1tech has said ..and that is good advice. I guess there is enough info on this thread and hopefully people will take right decisions (so I will stop for the time being). btw ..nobody said bigger house is not better if everything else is constant .. maybe people are misreading things.
and I guess inspite of all these arguments ..people will rush to buy ..which is good too ..as it helps the economy.. ( I guess some like to shoot themselves in the foot ..).
http://biz.yahoo.com/ap/080415/foreclosure_rates.html
note - ARMS will reset in may / june (the batch that is referred below) ..which means many of these will foreclose in early 2009.
-----
The onslaught of homes facing foreclosures has yet to ebb, a research report showed Tuesday, with bank repossessions skyrocketing last month as more troubled homeowners mailed in their keys and walked away.

And the worst isn't over: the wave of adjustable-rate loans resetting to higher rates will crest in May and June. And that's expected to push more homeowners into default and foreclosure in the third and fourth quarters of this year, according to RealtyTrac Inc. of Irvine, Calif.

"Once we're through that batch of loans, the worst will have been worked through the system," said Rick Sharga, RealtyTrac's vice president of marketing.
He estimates between 750,000 and 1 million bank-owned properties will hit the market this year, or about a quarter of the homes up for sale. In some areas, these properties will continue to slow sales and depress prices further.
----------



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Amma01-06 06:10 PMWhat Israel is doing is pure state terrorism.Isreal is grid locking the gaza strip and punishing gazans because they elected Hamas. World policeman America will advocate democracy to the world but refuse to accept democratically elected Hamas. What a selective measurement ?

Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.

So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.

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GCOP07-13 10:11 AMWe are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.



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HawaldarNaik12-29 12:19 AMWell comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.

However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely

So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....

What is the strategy for India

In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......

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file48507-11 11:04 AMyou can try gands.com for H1stamping..they might be a little expensive,but if it works and you want to avoid going back home for H1b stamping trauma..its worth it...

we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US



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Macaca03-19 01:20 PMNew Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007

The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.

The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."

"I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.

"For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."

But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.

But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.

"However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."

(Last Thursday, the Appropriations Committee approved the bill without the language.)

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desi393308-05 03:33 PM....

I am glad you took your post after I placed details about the law.



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hiralal06-06 10:58 PMto buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.

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immique07-14 01:30 AMwhat a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

This is a small incremental step - but it may help with using up a few 1000 extra numbers.



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mariner555503-24 12:01 AMI live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD. well the experience that I gave above was as good as I could since it was told to me in person. it all depends on yr long term horizon .....do u think u will be in NJ for a long time ? if yes and if u are getting a good deal, then house makes sense - price of house would always go up by the cost of inflation + 1 percent (except during bubble burst ..like now) - and I guess RE in NJ will always be in demand ..but u would know better.
house is definitely better in many many respects --
if u don't see it as an investment -- then why not ..take the plunge !!
The only problem that I have (in my case) is GC !! and the fact that prices went up by average of 10% during last 4 - 5 years - which is craziness (And as we know now - a bubble). I for one am not a sucker who wants to pay high for an asset than it is actually worth..in most areas in US atleast --land is plenty and time it takes to build infrastructure is less . demand is low and will be low -- and I don't think of renting as throwing money (did extensive research on the same) - as of now I am happy as I have lot more time on hand , commutes are shorter and the money that I save - I am investing aggresively in stocks etc. here is a latest article about home prices - I guess bottom in 2009 feb ?
----------
Even as sales have plunged, more supply has come on the market, from home builders, foreclosed homes, and from owners who need or want to sell. It'll take a year at least to work off the excess supply, which is driving prices lower.
Falling home prices could be keeping some buyers on the sidelines, waiting for a better deal. But prices have already fallen significantly, which means more potential buyers can find an affordable house.
The two major home price indexes will be released on Tuesday by Standard & Poor's and the Office of Federal Housing Enterprise Oversight. S&P's Case-Shiller index will probably see a decline of 11% in the 12 months ending in January, down from 9% through December, according to economists at UBS.
Futures markets predict home prices will fall another 14% by next February, UBS said.

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unitednations03-25 07:10 PMsend it to info at immigrationvoice.org and we can upload it.

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

sent.



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unitednations03-24 03:23 PMUN,

I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.

But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

I like to believe you are unbiased. Please let us know.

Ofcourse I am unbias.

I can't even begin to think how many people I know; cases I know from people who are from india.

I'd say that it is less then 3% from people with other countries.

As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

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pthoko07-11 05:27 PMPutting more pressure on the UN

Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

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


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

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

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

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

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



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

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

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




Thanks.



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unseenguy06-21 09:49 PMWhat do you mean by they will give you?

The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

Please do not post wrong information..

i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.



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xyzgc12-28 01:56 AMI am begining to beleive that WAR is not the answer, even though for the past 20 odd years, they have bled Kashmir, driven certain relegion members out, making them penniless, killing some of them and their family members mercilessly, doing the same in punjab (thanks to KPS Gill that was eradicated from the core), and using India's peace meaures in the last 7 odd years to infilitrate members who have created havoc in India.
What India needs to do is strengthen internal security ('our sardar.....the chief...respectfully meant as i am a admirer of him, has done the right think by bringing in his most trusted man, PC to run home ministry....that man has been an asset in which ever position he has held....man of v.v. high integrity and honesty like our chief)
Secondly as i said before,...... the super powers also are pretty much behind India and will not make the same mistake as they have done in the past as they know that this is universal/global problem...and the doublespeak will not work...the worry is....who to talk to there...(neighbouring country)....there are so many power centres....its total chaos....so i agree we should not go for war as that could be disastrous and open a exit strategy for all the dangerous elements and give them a longer/extended life to survive..........and continue with their nonsense......globally....WHY because once the war breaks out these dangerous elements will use their deadly toys that they have been provided with thanks to some of the regional powers....who....will then step in and insist on a dialogure....peace...etc etc..
I am also surprised how sri lanka has agreed to go ahead with their cricket tour...i mean come on such a huge incident....in India....clear evidence...and to think and we sacrified a leader(possible PM) for them....STRANGE Behaviour....

Without doubt, the internal security needs to be strenghtened. That is absolutely necessary. But is that sufficient?

Why spend $26 billion yearly on defence budgets, if we are not to fire a single missile, worrying about the repercussions and what the dangerous elements will do?
Is this only to be used in another Kargil-like war? WIf the answer is yes, that at least we should reduce our defence spending and divert it to make our nation secure. There is no possibility of that happening either.

What is the probablity of another Kargil when a single terrorist attack is sufficient to throw the country into chaos?
The whole idea is to destroy these terrorist outfits. Pakistan is not doing it. Should we not do it using our own arms?



nixstor08-10 10:45 PMYewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.

I dont understand why USCIS has to release data to a random attorney guy.
Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?



crystal08-03 06:09 PMSearch the threads there is a link , if you entered to US in less than a year before filing I-485 they wil send a copy of G-325a to Consulate. If they dont get response in 6 months they move forward, they dont wait for the response. this does not cause backlog as far as i know. They keep consulate visa interview forms for an year , thats what i read in the link

Ok . here is the link

http://www.imminfo.com/resources/cis-sop-aos/7-3-3.html It is 60 days ( not 6 months which i said above)

Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.