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abracadabra10207-14 08:47 PMOh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

:)

So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

How does this imply that "DOL advised some of us to file under EB3?"



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nogc_noproblem08-22 02:55 PMA woman and her little girl were visiting the grave of the little girl's grandmother.
On their way through the cemetery back to the car, the little girl asked, "Mommy, do they ever bury two people in the same grave?"

"Of course not, dear." replied the mother, "Why would you think that?"

"The tombstone back there said 'Here lies a lawyer and an honest man."



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desi393308-06 02:00 PMred dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

Just gave you a green.

Have a good day!



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Macaca04-03 08:25 AMLobbying Expands in a Lean Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html)

Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.

The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.

Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.

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gc_chahiye08-02 06:44 PMI only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.

this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.



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punjabi7712-18 11:04 AMI dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
his initial verbage was not good.. but what he asked later was completely justified..
All the people in the van, in which Karkare was killed, died except one Hawaldar..
And all the top cops in the same van at the same time, somethings needs to be justified..

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nogc_noproblem08-07 02:06 PMInstructions: Just read the sentence straight through quickly without really thinking about it.

Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.

Amazing, isn't it?



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whoever07-17 01:55 PMUnited nations, some days back I sent you a private message. could you please please reply to that private message as a private message? thank you.

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NKR03-25 02:32 PMI completely agree that buying a house is a long term move. But I disagree with some of the points:

1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?

It is a misconception that 5-10 years is the cycle for real estate.

Here's how in a sane real estate market the cycle should work:

No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.



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puddonhead06-26 01:48 PMIf you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.

On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.

The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

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unitednations08-09 02:20 PMWhile most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

Let me share with you the story of my friend who just got his US Citizenship in 2007.

He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.



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vivekm130912-31 11:03 AMIV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.

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lost_in_migration04-07 08:22 PMThe point missed here is most of us have our GC applications pending at a stage in which we cannot change employers... If we had our GCs we didn't had to worry about this bill ..and a lot of things :(

I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??



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acecupid08-06 06:17 PMA young man walked into a jewelry store one Friday evening with a
beautiful young gal at his side.

He told the jeweler he was looking for a special ring for his
girlfriend. The jeweler looked through his stock and brought out a
$5,000 ring and showed it to him.

The young man said, "I don't think you understand, I want something
very
special. "

At that statement, the jeweler went to his special stock and brought
another ring over. " Here's a stunning ring at only $40,000, " the
jeweler said.

The young lady's eyes sparkled and her whole body trembled with
excitement.

The young man seeing this said, "We'll take it. "

The jeweler asked how payment would be made and the young man stated, "
by cheque."

"I know you need to make sure my cheque is good, so I'll write it now
and you can call the bank Monday to verify the funds and I'll pick the
ring up Monday afternoon. "

Monday morning, a very teed-off jeweler phoned the young man. " There's
no money in that account."

"I know ", said the young man, "but can you imagine the weekend I had?

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bkarnik08-11 01:59 PMA man met a beautiful blonde lady and decided he wanted to marry her right away.

She said, 'But we don't know anything about each other.'

He said, 'That's all right, we'll learn about each other as we go along.'
So she consented, they were married, and off they went on a honeymoon at a very nice resort.

One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.

After a few more demonstrations, he came back and lay down on the towel.
She said, 'That was incredible!'

He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'

So she got up, jumped in the pool and started doing lengths.

After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.

He said, 'That was incredible! Were you an Olympic endurance swimmer?'

'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .



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ganguteli03-24 09:16 AMA lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

Right now;

VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.



ssa07-13 10:59 PMI agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..



sroyc08-06 10:34 AMAlthough the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.

I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??

I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???

Its something to ponder upon.