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unitednations07-10 03:21 PMUN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.


I'll tell you how I did it:

1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

2) USCIS memos/interpretations/policies (can also be found on uscis)

3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

4) monitor the forums and see postings

5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


8) go to uscis.gov and read the INA and CFR's

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If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

Finally; don't do what you think is right or "gut feeling"...


Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.



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pitha02-21 04:06 PMHe is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.

we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.



Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.



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unitednations08-02 10:35 PMYou mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.


I haven't read the memo in a long time. You would need to research it.

It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.



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mpadapa09-26 11:07 AMSen. Obama's proposals to invest heavily in alternative energy will spur a lot of innovation and high-skilled immigrants can be a great part of that initiative. I would rather see piece meal approach like recapture, STEM, etc rather than the CIR, but will Sen Durbin let it happen?? If CIR 2007 is brought back then EB backlogs will further increase, remember the back logs created by the 245i applicants (in 2000) we are still recovering from that. High-skilled immigrants can only be benefited by bills like recapture, STEM, country quota removal, etc.

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abracadabra10212-26 08:03 PMAttacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

Amma, I agree with first part of your post. We do not have to go to war with pakistan. It is on its death bed already. Pakistan will not dare attack India, but we should be prepared for such eventuality. You never know what a desperate nation can do!.

I disagree with second part of your post. We can not and should not rely on some other power like US to sort out our issues. We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.



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posmd07-08 07:32 PMI feel the same way Gondalguru. This is a globalised world or atleast so the US would like everyone else to believe. In that sense where you are should matter less than the contribution you are making, yet alas the immigration system is stuck in its 20th century President Kennedy era mindset of "reuniting families". I am not against that per se as it is a noble virtue, but when I see that to be in direct contravention of the aims and objectives of globalization which incidently the USA also champions so vehemently, I sense hypocrisy at worst or a conflict of policy at best.

My parents immigrated to a country which is NOT retrogressed (ROW of which I hold a passport) when I was 3 yrs old.
I was schooled and in every other way raised as such. Yet I was born in India................as you rightly point out by mere chance. Yet I am saddled with the consequence of waiting in line with every other applicant from India. If that were not funny enough, one of my close friends, his parents were in the USA in the 60s and left when his mother was 7-8 months pregnant with him, and he was born in India, now he has to go through the same line, he also holds a ROW passport. Should the majority of gestation count toward his citizenship?
These are difficult questions and the current policy is ill geared to deal with them. Those that win from them laud them and those that get hurt curse them. It is what it is..........dysfunctional.
It either is or it is not a globalised world, and the policy is or is not such. Unfortunately we are all caught in this indecisive mode that the US currently finds itself locked into, it is not just about us and our immigration situation, it is about a lot of other issues as well and the USA will spend the next 10-20 yrs figuring this out.

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srkamath07-13 02:04 PMFirst off, we are here to get our GC faster so the effort is commendable. ...........

The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.

2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year

There are simply too many EB3 cases compared to the visas available.

EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.

Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.

Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.



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jgh_res06-12 10:57 AMIt's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.

http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".


Guys.. stay put for now..
Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.

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yabadaba08-11 01:43 PMhttp://www.flcdatacenter.com/CaseH1B.aspx

you will have to type in cable news in the employer name box

and change the state to Georgia



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unseenguy06-23 05:30 PMI am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

There is more emphasis on landscaping and higher labor rates and other community amenities and staff. However, I think, 400 is a bit expensive HOA. 250-300 is more like it in CA. If you are paying 400 per month for HOA, you might want to consider a 650K house with no HOA, pays better deal in the long run. I personally despise houses with high HOA fees. The HOA tends to be the government of your community and not only you pay more, your rights as homeowners get diminished.

Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort. Its good if you are young but do not work out a lot :) but not really a very good living style in my opinion.

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Refugee_New01-06 01:05 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.

I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.

But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.

If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?



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Refugee_New01-06 12:57 PMAnd 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.

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?

If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?

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desi393308-06 02:40 PMHere is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

It seems that he is always ready to file lawsuit.

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

This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.

In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.

Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.

How dare you fuck@#n compare yourselves to EB-2?

Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.

Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.

If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.

Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.

Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.



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unitednations08-14 09:17 PMTo United Nation

I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


I don't see much of a problem because it was less then 180 days.

Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.

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NKR03-28 08:06 PMJob is never guaranteed ..so watch out !! I agree it is highly personal - so if you can and have purchased it --good for you. I was giving my opinion and also to educate about the myth that home is a great investment ..it is not ..it is just a place to live..and so is an apartment..I guess both have advantages and disadvantages ..
to answer yr question on top ...do you mean to say kids won't grow up in an apartment ?? I feel at v.young age they find more friends in apartments.
or do u mean to say young kids ( 2 - 6) years lead inferior lives in apartments ?? I big NO ..by renting I come home early and spend more time with kids and they love that ..now if you are able to buy house near your work then that is good for you ...but where I stay (and for many) they cannot do that because of the bubble !!
to answer yr other post ..actually you should have framed it this way ...would I buy an house if I get green card (SINCE I BELIEVE I WILL GET GC BEFORE PRICES GO UP ..i.e. with in next 2 years). my answer ..
if I get GC ..yes ...irrespective of price going up or not ..within a period of 6 months after getting GC, I would buy house ..credit is good and have downpayment.
on EAD and I need more space ...(I would need extra space only when my son grows up and he needs his own space and room)..before this happens I believe I would get a GC ..if I don't get GC then I would try to rent a home.
EAD and don't need 2000 sq feet (i.e. sons are still small) ..then I would continue to rent (and watch the falling prices !! and perhabs thank USCIS just for this i.e. preventing me from buying a house at inflated prices !!).

You keep mixing up things, You are both for/against in your own post. On one hand you say that apartment is good for kids since they find other kids to play with, on the other hand you say that if you get a GC, you will buy a house within six months. So what exactly are you trying to tell. If the market is good, is buying a house good thing or bad thing.

Home might not be a great investment, after a couple of years it becomes a necessity. Living in a house is not a great thing, nor living in an apartment is less pleasant. Like I have said it all depends on one�s situation and what one wants. A person and his/her family including kids should be happy wherever they are, it�s all that matters.



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pointlesswait08-05 10:38 AMhere is another point:
if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

i am sure ..after oct they will offer some relief to Eb3 category...


i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

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pthoko07-17 02:00 PMDo you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??

Do we have to tell them anything or do anything specifically to get a new I-94??



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niklshah08-05 08:24 PM"Originally Posted by lfwf
I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly."

More hollow rhetoric from lfwf... someone that fails to see coherent logic and arguments made out in posts and instead claims that there is none :). Maybe, Inglis is the prablem, eh? LOL.

Obviously, lfwf's 'respect' is worth a lot ;)

I've gotten my days worth of laughs reading these protectionist jokers' weak arguments and empty threats of lawsuits.

LOL!



see how stupid highly educated community is?.....the guy who started the thread is not writing anything and people are fighting......

the guy who wrote is definately not any of us i mean he is not in green card line.......

people chill.....

take it easy, when ur turn comes u will get ur gc.....try to participate in IV action item and donate if u can..

i am an EB3



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raj200704-12 08:10 PMFor those of you who think housing will always go up and those that think it will back in few years..
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.



purgan04-06 11:03 PMI don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...



gimme_GC200603-24 12:24 PMNo; 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.

can you kindly enlighten me on what you exactly mean by "suspicious" original poster?

Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn