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diptam09-26 04:37 PMJust Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.

For arguments sake :)
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'



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reedandbamboo06-07 04:03 PMInvestment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.



I have not opined as to the relative merits/demerits of house-buying .. all I did was mention that it is possible to attain those kinds of returns in alternative "investments" (in response to Jun's statement that he/she wasn't sure if 5% returns per annum were available anywhere).



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axp81703-26 05:52 PMDoes this mean that H1B is also location specific?

Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.



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file48507-08 09:07 PMI have been here 11 years. 4 different employers.
I have all my returns and W2's
why in the world would i keep every paystub?
makes no sense. of course little does.

UN thanks for the comments.
any predictions on where we are headed? my vested interest is in EB2 india...

btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?


paskal..

seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..

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HawaldarNaik12-26 08:44 PMHowever crude the last statement may sound, it is very effective and 2 the point.
I now beilive that some world powers are willing to work to gether to get this 'headache' resolved in some way (as most of them have now been bit by it one way or the other....though they were first sympathetic to the cause blah blah.....now they have been stung...so have woken up)
one thing is certain as i specified above, we have to make sure that we put an end to this..and SOON.....otherwise the horror has just begun and they will really be encouraged to attack again...and this time it could be much worse (as u have seen it has progressively got worse)...so time is running out...
Even if we target the terror camps, i think most of the world powers will not raise a hue and cry...... for that i must say hats off to our chief ('sardar'...means chief), he has really handled this with a lot of calm and composure at the same time effectively....got the world intelligence agencies to come down and validate what we have all along been saying.....and making the whole investigation transparent to the global powers.......NOW it is the time to act....and NAIL it to the opposite camp.........

And i used to think he was the best finance minister we had....he has proved me wrong cause he could just end up being the best finance cum prime miinister for me



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485Mbe400109-26 03:50 PMFor arguments sake :)
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'

Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

Now tell me if you want to support Barack Obama OR John McCain - take it EZ

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malaGCPahije07-14 10:33 AMSure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.

Delax,

please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.

I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.

You and other EB2 people dates are current. Enjoy your GC. Best of luck.



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ssa06-25 03:19 PMAnd according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?

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miguy08-08 06:25 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.


Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)



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SunnySurya08-05 03:10 PMIt is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.

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sw33t12-28 05:12 AMDo you realize the extent of loss after Mumbai attacks?
The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?


So your justification on spending billions more on what was lost is the right thing???


And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

http://economictimes.indiatimes.com/News/PoliticsNation/Mumbai_attacks_may_have_cost_Rs_50k_crore/articleshow/3777430.cms


Going to war to retaliate might give the impression of satisfaction, but the insecurity caused by trauma is still going to live on forever.


Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?


Agreed!


Do you drive your car without an insurance?


Exactly. The state, the county, the city and the insurance company make money off of your will to comply! Thousands more will die off of your desire to go to war whereas the arms dealers make money.



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Macaca12-29 07:47 PMOur Nation as a Startup (http://blogs.wsj.com/indiarealtime/2010/12/29/india-journal-our-nation-as-a-startup/) By Rajeev Mantri | IndiaRealTime

Doing business in India can be overwhelming for somebody accustomed to working in a more hospitable business environment. The World Bank�s Doing Business study ranks India 134th worldwide for ease of doing business, behind lesser-talked- about nations such as Tanzania and Ghana.

Besides the well-documented inadequacy of physical infrastructure, archaic corporate and taxation laws are yet to catch up with modern ways of structuring and operating new ventures. Yet India is able to register high rates of economic growth year after year.

U.S. President Barack Obama�s contention that India has already arrived is magnanimous � India is a startup with high potential but hasn�t made it yet into the pantheon of world powers. Like a startup, India is chaotic and unpredictable.

Democracy adds another twist in the tale. As the last three months have shown, Indian politics can turn on a dime and the perception of political stability can give way very quickly. India�s business model is contrary to how other Asian economies have developed: India continues to be services-driven and domestically-oriented instead of being heavy on export-led manufacturing.

This approach shielded the economy during the financial crisis. With growth driven by high-quality entrepreneurs who have been able to deliver despite a suspicious and often obstructionist state, it�s no wonder that investors continue to be bullish on India and tend to overlook major political and geopolitical risks.

But high growth brings with it many quandaries. Though a happy problem to have, a growing enterprise faces its own management challenges. At the very least, the capacity of India�s executives and government to manage growth has been somewhat disappointing. India chose (some would argue that it stumbled upon) a bottom-up development model based upon entrepreneurship.

We are now reaching a stage in the economic cycle where we need to push the envelop further, not negate the strategy that has served us very well over the last two decades. India saw two bursts of significant reform, from 1991 to 1996 under Prime Minister P.V. Narasimha Rao and again from 1998 to 2004 under Prime Minister A.B. Vajpayee. Since 2004, there has been virtually no reform initiated by the Congress-led United Progressive Alliance government in areas such as labor law, where the current regime is constraining growth in manufacturing. This is impairing the quality of India�s economic growth and limiting job creation.

Recently, Steve Jobs said that his company, Apple, is the world�s largest startup. It�s an interesting view given that Apple�s market capitalization, which is close to $300 billion, makes it one of the most valuable companies in the world. Apple also has zero debt and tens of billions of dollars in cash. From the brink of bankruptcy and irrelevance in 1998, Apple�s financial and competitive strength is now the envy of the technology industry.

When Mr. Jobs returned as Apple�s CEO, he had a straightforward mantra: To rebuild Apple as a pioneering innovator and rescue it from the morass of creating �me-too� products, as he put it. He felt that the company he founded had forgotten what it stood for. This was audacious for a company struggling to stay on its feet.

Indian administrators and policy-makers should also remember how high rates of economic growth have been achieved in the first place. Like a startup which has achieved a fit between product and market fit and is ready to scale up, India needs to continue providing its entrepreneurs with the space and environment to operate.

Apple lost its mojo because it abandoned the strategy that made it what it was. Curiously, that strategy itself was not rigid and inflexible but one of continuous innovation, where Apple would make its products irrelevant before its competitors could. A return to this thinking has ensured the company�s rise through the 2000s. India, too, needs to return to policies that have transformed its economy from anemic to blistering growth.

In Hindu philosophy, The Upanishads talk of the concept of �Atmanam Viddhi,� which roughly translates as �knowing oneself.� It turns out that self-knowledge is also a sound business strategy � to reach where you want to go, it�s first important to know how you got to where you are.

The government must realize what it is that has delivered high rates of economic growth. Negating the ideas and policies that are driving India�s economic development by delaying the next round of economic reforms could prove to be immensely damaging to India�s economic prospects. India needs a visionary leader to step up and push through some of the changes that most agree need to be implemented � but few have the political courage to execute � or else an opportunity may be lost again.

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sledge_hammer03-23 01:24 PMI'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?



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sk200606-23 10:58 PMAlso the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


LOL.
:D:D

A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.

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ocpmachine06-23 05:20 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.



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fedex_uscis03-23 10:03 AMBuy home at 82,marry at 68.USCIS will never change, this Barack Obama will be stuck in name check.I am sure he will get stuck in FBI name check. AILA should apply GC for Barack and see where it goes?

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unitednations07-17 12:19 PMHi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

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


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

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

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

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

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



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

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

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




Thanks.

I am assuming that you haven't left the country since 2005?

Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.



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logiclife04-07 01:06 PMThe law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

You hit the nail in the head.

Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.



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sledge_hammer03-24 05:06 PMMy Dear Friend:

Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

For once, accept that we are at fault.

Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?

I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

Now, we are in trouble and so stop finger pointing and give any good advise if you can.

FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.



diptam08-05 02:15 PMYou are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:



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?