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saveimmigration08-05 10:41 PMTotally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1



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jkays9407-10 02:02 AMLike UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)



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unitednations03-24 11:55 AMCan you please elaborate?

I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

- I went to two local uscis office interviews; so I am pretty versed in their procedure.



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chanduv2303-26 04:35 PMI know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

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mirage01-07 01:38 PMRefugee,
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..



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SunnySurya08-05 11:21 AMYou certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
Labor substition was never yours to begin with...

EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

let me explain with example my friend:

there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

i guess i made myself clear..;)

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krishnam7012-29 12:53 PMIt has no relevance in an immigration related forum
kris



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walking_dude09-29 03:47 PMPlease read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.

And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?

I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.

I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.

And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....

There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...

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GCBatman01-06 12:58 PMGot a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.


Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.



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mbartosik04-08 10:40 PMI remember the 1990's UK housing crunch
http://news.bbc.co.uk/2/hi/business/7336010.stm

I often call the British "mortgage slaves", that was actually a factor in my move here. I could see people putting every penny they earned into their mortgages. When my parents bought their house 35 years ago, you had to put a hefty deposit down. After the housing crunch of the early 1990's which really killed off the economy (largely because people could not move to where the jobs were because of negative equity). I saw the same happening there again. Even being well paid in the UK does not mean that you can afford more than a cardboard box. Whenever interest rates drop there, housing prices shoot up, I considered an interest rate drop to be a disaster. The majority of the population thought that high house price inflation was great, but didn't consider that either the bubble must burst or their children will never be able to afford a house. People just pay the same percentage of salary into mortgage when interest rates are low, so prices go up. In the UK fixed rate loans are not the norm like here, more normal would be a 35 year variable rate loan (up from 25 years in 1980's). So when interest rates go up people are crippled. I see the UK economy as being underpinned by the emperor's clothes. People get 35 year variable rate mortgages for 125% of value on a salary when they can barely cover interest let alone capital, if one of them (assuming couple - because single cannot afford house) loses job they are screwed.

In the UK a house I could afford would be about 1000 sq ft. Here my house is 1800 sq ft (nicely sized but not McMansion), and net zero energy -- with a huge amount of solar power and ground source heat pump heating http://tinyurl.com/2jzbfq

Then around 2002 I saw the same starting to happen here. I must have brought the British disease here with me!! :eek:
I should have been quarantined :eek:

So other than a rant what's my point:
* Buy something that you can afford, without becoming a mortgage slave.
* Buy something that you really like.
* Buy something that you are prepared to live in for a long time.
* Think of your house as your home, not an investment (or at least a very long term investment -- like 10 years plus).
* Use the down housing market to your advantage to find something that you really like (without over extending yourself).
* You decide what you can afford, but the bank or Mortgage broker. Mortgage broker tried to tell me that I could afford more, I told him where to go, I want to live not just pay mortgage. I would recommend not going above x3 salary or x2.5 for a couple.

If you think this way market timing is less of an issue. It is hard to judge the market timing just right in any market.

Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).

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spbpsg03-25 05:50 PMis there a website/magazine where i can get list of foreclosed properties?

There is no need to pay website or realtor to find forclosed properties. I have bought forclosed property year ago. Here are tips.

Depending on your location go to any realty websites and search for houses based on your conditions (like price, bd rooms etc). There is always a description for house, if one of following line is part of that description then it is forclosed or bank owned (bank owned means a step before forclosure) :

1) ...addition addendum required...
2) ...subject to third-party approval...
3) ...express finance is provided...

U can do many things without using realtor, use realtor only to see property physically and to do your paperwork. Don't forget to ask 2% commision cash back and never sign commitment doc with realtor, always remember as a buyer u r the king in this market.



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reddog01-06 12:49 PMNow the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.

And look at what India is going thru. Each and every year, bomb blasts in multiple cities.

There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.

Indians support a military action against Pakistan as they know that the state of Pakistan is involved in these terrorist activities.
And even if the state not knowing about these people does not relieve them from accountability.
So how different would it be if India initiates a military strike on Pakistan, will they guarantee that not a single innocent live will be taken?

Israelis feel much safer in their country, even after being surrounded by enemies from all side.

I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.

Or are you saying that they love killing people?

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validIV06-05 11:43 AMSorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

30 year renter vs 30 year home owner? That is not rocket science.


here is a good point about long term housing prospects. I for one am glad that GC delay saved me from buying a house.
this is from an article
------------------------------------
Why do I think housing is in the tank for the long term?

First, I listen to people smarter than I am - a key to success from investing to recreation league baseball. When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach. They were winners the next season. Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson. They have been dead on about the mortgage meltdown - and see a larger one coming.

Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue. Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.

* Typically ten to fifteen percent of Americans sell or want to sell their home in a given year. Recent survey data shows the number is now 30%. Keep that in mind.
* New home sales are incredibly low. Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight. New home starts are roughly half of that and there ain't no rebound. As the poet said, times, they be a changing.
* People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures. Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.

This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see. I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012. I may have been premature. With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory. Assuming demand picks up - a near heroic assumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.

I have focused on supply - was I too cavalier about demand? Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.

Using fourth grade math as our primary tool does have value in estimating demand. Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time. And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes. Most of this demand is gone for the foreseeable future. Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006. Even if the FHA does not go bust - which it will, requiring another Treasury bailout.



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bkarnik08-05 05:26 PMA lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.

At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.

His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.

"Oh yeah? Let me see your hands!"

She sees his hands are Covered with powder and says...
"You God damn liar!!! You were playing pool again!!!"

Moral of the story:

Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear



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satishku_200008-09 01:21 PMActually; I didn't think it was courageous at all. I had to practice what I preach.

One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

he didn't but just in case he wanted to; I was ready for it.

UN,

Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

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django.stone09-26 07:03 PMI agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.

Reasons for Indians to support Democrats -

1. Generally religion neutral and not influenced by christian right wing
2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
3. Tendency to help human/environment suffering
4. Afraid of military draft that could recruit our kids

Reasons for Indians to support Republicans -

1. Supportive of outsourcing which is one of the many reasons our home country is flourishing these days
2. Supportive of entrepreneurship, which many if not all Indians plan to pursue at some point in their life time in USA
3. Lower taxes so you can spend your money rather than have govt spend it for you in things you don't need (such as bear research in Montana for $3MM)
4. Privatize social security so you can keep you own contributions rather than throw it into the common pool. Let me explain this a bit here. Indians contribute to SS all their life until 65, but never get to enjoy it as rarely we live past 65. Life expectancy of Indian women is around 60 and men is around 55, rarely we live up to 75+ like Caucasians. What happens to the money we contribute to the common pot? It is enjoyed by somebody else, if we had private accounts, you can retire around 55 and enjoy your contribution till you live.
5. Family values of Indians very much like the value system of middle-america's republican base - religious, hard working, humility, respect for elders, american dream of owning a 3bed-2bath house with a yard, cul-de-sac and basketball etc.
6. Aligned with Indian govt's views on fighting terrorism
7. Allow your kid to go to private school of your choice with your tax dollars, rather than force you to send your kid to public school in your area

Immigration

Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.

If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.



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malaGCPahije08-07 01:40 PMa very nice video. Shows unity in a very nice perspective..

http://www.vimeo.com/1211060

The song is a Bengali poem written by Rabindranath Tagore.



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ss102612-22 11:43 PMThat's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.

I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.

What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.

Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together



pmb7601-10 03:12 PMWith Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D



JEESEE04-01 03:20 PMMy wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.

Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.