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Saturday, July 2, 2011

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Legal08-05 09:00 PMI enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D



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isedkeem01-09 06:03 PMwhen you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that

The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.



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



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transpass03-26 07:30 PMI tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

That case had a lot more things in it.

1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location


Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?

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Hitech-coolie07-09 01:47 AMHi Guys

I am new to this forum and portal too.
Do INS ask about previous salary stubs for i-485?
Do they check all the paystubs till the time you subitted your application?
Please educate me on this.

Regards
Hitech-coolie



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gjoe07-14 06:56 AMThe traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.

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StuckInTheMuck08-05 01:28 PMGreat going folks :D
Here is one (paraphrased from another):

Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...



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purgan01-28 10:44 AMwhat has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...

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dtekkedil10-02 10:46 PMI have always been a supporter of Democrats. Because I believe in their philosophy. If I were a citizen, I probably would have even joined the Democratic party.

However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.

I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!

The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.

So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.

I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.

Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?

I am sure the same thoughts have gone through many of your minds.

I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!

What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!

The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.

Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!



On a side note -

The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?

A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.

Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.

I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.



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abracadabra10208-06 05:49 PMDear Friend,

The other day I went up to a local Christian bookstore and saw a "honk if you love Jesus" bumper sticker. I was feeling particularly sassy that day because I had just come from a thrilling choir performance, followed by a thunderous prayer meeting, so I bought the sticker and put it on my bumper.

Boy, I'm glad I did! What an uplifting experience followed!

I was stopped at a red light at a busy intersection, just lost in thought about the Lord and how good He is...and I didn't notice that the light had changed. It is a good thing someone else loves Jesus because if he hadn't honked, I'd never have noticed! I found that LOTS of people love Jesus!

While I was sitting there, the guy behind started honking like crazy, and then he leaned out of his window and screamed, "For the love of GOD! GO! GO! Jesus Christ, GO!"

What an exuberant cheerleader he was for Jesus! Everyone started honking! I just leaned out of my window and started waving and smiling at all these loving people. I even honked my horn a few times to share in the love!

There must have been a man from Florida back there because I heard him yelling something about a "sunny beach"... I saw another guy waving in a funny way with only his middle finger stuck up in the air. I asked my teenage grandson in the back seat what that meant, he said that it was probably a Hawaiian good luck sign or something.

Well, I've never met anyone from Hawaii, so I leaned out the window and gave him the good luck sign back. My grandson burst out laughing ... he was enjoying this religious experience, too!

A couple of the people were so caught up in the joy of the moment that they got out of their cars and started walking towards me. I bet they wanted to pray or ask what church I attended, but this is when I noticed the light had changed. So, I waved to all my sisters and brothers grinning, and drove on through the intersection. I noticed I was the only car that got through the intersection before the light changed again and I felt kind of sad that had to leave them after all the love we had shared, so I slowed the car down, leaned out of the window and gave them all the Hawaiian good luck sign one last time as I drove away.

Praise the Lord for such wonderful folks!

Love,

Grandma

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mariner555504-14 04:41 PMbut most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.



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arunmohan03-25 04:48 PMwww.ushomeauction.com

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unitednations03-26 03:24 PMUnitedNations,

So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

cinqsit

what i have learned is uscis can do anything at any time if they want to.

They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

However; they do not apply it to everyone.

The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.



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javadeveloper08-03 08:58 PMHi Unitednations,

My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??

Thanks in advance

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nojoke01-04 04:22 PMYour leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.



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sledge_hammer03-24 02:17 PMAgain, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.

Just hope that USCIS will buy your story!

sledge_hammer,

Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

Try to define a permanent vs temporary job in US without bringing H1B into the picture.

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Dhundhun08-05 06:43 PMFriends

Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

Thanks



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adusumilli08-05 02:18 PMcan some admin close this thread



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mariner555503-26 04:19 PMGood points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply. you bet - This is from Jubak at MSN money ..

---
That initial hole was largely demographic. The number of Americans 65 and older is projected to increase to 69.4 million in 2030 from 35.5 million in 2000, the Census Bureau says. That's not entirely bad news -- much of the increase comes from Americans living longer -- but it is a problem if you're trying to figure out how to pay for all those people to retire.

Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.

For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids. More people are also using reverse mortgages to extract equity from their homes in retirement.
In a Feb. 28 conference call, mortgage buyer Fannie Mae (FNMN, news, msgs) said it expected the real-estate market to bottom in 2009 after a total drop of 15% to 20%. That would produce a loss of roughly $3 trillion to $4 trillion.



Gravitation03-25 04:27 PMNobody 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.



vghc01-06 06:22 PMIndia has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.


Then why don't you quit your job not and fly over there to help them?
Voicing your opinions here won't make them feel any safer.
The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.