Tuesday, July 12, 2011

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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?

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

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  • hopefulgc
    07-13 10:06 PM
    abe khajoor log .. kutte ke jaise mat lado.. thanda lo
    (guys, stop fighting like dogs.. chill out)

    why did I write in hindi language...?
    because nobody seems to understand the same thing written in plain old english here.

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  • Isla Fisher and Sacha Baron

  • chintu25
    08-22 11:23 AM

    "Some good news for the economy. President went on a month-long vacation." �Jay Leno

    "The federal government announced today that the recession ended back in November of 2001. It ended two years ago! Be sure to pass that on to all your unemployed friends. So you know what that means? The past twenty months of job layoffs, corporate bankruptcies and declining stocks, those were the good times. We should have been living it up." �Jay Leno

    "Yesterday Federal Reserve Chairman Alan Greenspan said he would be willing to serve another term. Greenspan said, 'Where else would I get a job in this economy?'" �Conan O'Brien

    "Democrats were quick to point out that President 's budget creates a 1 trillion dollar deficit. The White House quickly responded with 'Hey, look over there, it's Saddam Hussein.'" �Craig Kilborn

    "President unveiled his new economic stimulus plan this week. It was reported that if the plan passes, the president himself would save $44,000 in taxes, Dick Cheney would save $327,000, and you could afford to take the whole family down to Burger King to pick up job applications." �Tina Fey, on Saturday Night Live's "Weekend Update"

    "President 's economic plan will create 2.5 million new jobs. The bad news, they are all for Iraqi soldiers." �Craig Kilborn

    "According to a new study, bad economic times can actually be good for you because people tend to exercise more and eat better. This is not a recession, this is the President�s Health Care Plan." �Jay Leno

    "The big story here tonight comes from Washington, D.C. where President announced his new economic plans. The centerpiece was a proposed repeal of the dividends tax on stocks, a boon that could be worth millions of dollars to average Americans. Well, average stock owning Americans. Technically, Americans who own a significant amount of shares in dividend dealing companies. Well, rich people, that's what I'm trying to say. They're going to do really well with this." �Jon Stewart

    "Treasury Secretary Paul O'Neal has resigned. He didn't want to resign, but there wasn't any money left in the treasury so he's got nothing to do." �Jay Leno

    " Presidents advisers have long been worried that a lagging economy could hamper the president's re-election chances. They hope that the Cabinet shake-up will provide a needed jolt. If that doesn't work, North Korea has to go." �Jon Stewart

    "Al Gore says President�s economic plan has zero chance of working. Now, this raises on important question: President has an economic plan?" �David Letterman

    "President said today that it is our job to vote. That's what he called it, a job. And considering how the way economy is going, that may be the only job we have." �Jay Leno

    "The same week the administration slashed pay raises for all federal workers, they announced they are going to provide bonuses to political appointees who do a good job. You know, that guy who cut everyone else's pay, he gets the bonus." �Jay Leno

    "The Stock Market was down today. Two major businesses declared bankruptcy, consumer spending is at an all time low � in other words, president is back on the job." �Jay Leno

    "President hosted something called the President's Economic Forum down in Waco, Texas today. Waco. Apparently Jonestown and Guyana were booked up. When I think of government policy that works, Waco is the place to go. He invited members of small business to the summit. He was going to invite big business, but they're all in jail." �Jay Leno

    "President told the attendees (at his economic forum) that he wants to simplify the numbers on Wall Street so that people can understand what they are looking at. Simplify the numbers? We are already looking at single digits!" �Jay Leno

    "In a speech yesterday in Milwaukee, President vowed to do whatever it takes to keep the economy strong. In fact he said that if he needs to, he will take vacation for another three months." �Jay Leno

    "There's now speculation in Washington that President is now planning to increase the economic sanctions on Iraq. And let me tell you if they are half as tough as the economic sanctions he has imposed on this country, they are screwed." �Jay Leno

    "President is leaving the White House for a vacation. He's taking a month off. Yeah, take a break, you deserve it. But aides say that while on vacation, will continue to make two or three speeches a week to make sure that the market keeps crashing." �Jay Leno

    "Boy, another bad day on Wall Street. Things are getting ugly. Dow Jones is starting to look more like Paula Jones." �Jay Leno

    "Do you have any idea how cheap stocks are now? Wall Street is now being called Wal-Mart Street." �Jay Leno

    "The United States has developed a new weapon that destroys people but it leaves buildings standing. It's called the stock market." �Jay Leno

    "The economy is in big trouble. Yesterday in a big speech, President said the economy was still getting over the hangover from the 90's. And then, the president admitted he was still getting over his hangover from the 80's." �Conan O'Brien

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  • Macaca
    12-30 05:49 PM
    India-China Relations Negotiating a Balance (http://www.ipcs.org/pdf_file/issue/IB160-Banerjee-India-China.pdf) By Dipankar Banerjee | Institute of Peace and Conflict Studies.

    Now that Chinese Premier Wen Jiabao�s visit to India in Nov 2010 has ended, it is necessary to reflect on the nature of India-China relations and where it is headed. Kishore Mahbubani, the distinguished Asian thinker from Singapore, described India-China relations as, �the most important bilateral relationship of the 21st Century�. Indeed, historically, civilizationally, from the perspective of economic benefits to the region or from peace and security in Asia and the world; this is a relationship that is likely to shape the global future.

    There is no scope for mistakes. Two large nations that are simultaneously reemerging at a rapid pace, thus this relationship has to be based on carefully balanced enlightened self interests. To achieve this will call for delicate negotiations based on our respective genius, taking account of our differences, yet accommodating the genuine concerns and interests of both. It is important to be clear that tension and conflict, easy to generate in an atmosphere of fear and distrust, can do immense harm to all.


    Historically near neighbours, India and China had very little contact or understanding of each other. Two long but intermittent periods in early history may be considered as exceptions. One was the epoch of the Nalanda University in India, which flourished nearly two millennia ago and brought the world�s scholars to its gates. This was amongst the biggest confidence building measure in the history of Asia. The other was through the Great Silk Routes emanating from China with some branches passing through India and going to the world, enriching both countries. This was an early example of globalized commerce that benefited the entire then known world.

    The absence of recent contact failed to develop in India an understanding of the �Middle Kingdom�. On its part China has never quite grasped the importance of democracy, pluralism and diversity of India, which with all its imperfections, constitute the quintessence of the Indian state and its nationalism.

    Instead, our awareness of each other in modern times can be traced to the 19th Century, where it was coloured by colonial influences with their national interests firmly centred in European capitals. This brief interlude in history was the only period when neither India nor China was a leading nation in the world with neither in a position to shape its own destiny. Yet, it may be argued that spared outright conquest, Beijing secured its national interests somewhat better than Delhi. Many of today�s problems originate from that period, even though goodwill between both nations remained intact. Examples from India were Rabindranath Tagore and Dr Kotnis.

    In his highly controversial first visit to China in 1924 Tagore said at a lecture in Shanghai, �I want to win your heart, now that I am close to you, with the faith that is in me of a great future for you, and for Asia, when your country rises and gives expression to its own spirit -a future in the joy of which we shall all share.� Tagore visited China purely as a poet, yet his words set the tone and trend for India-China relations till the 1950�s. Premier Wen Jiabao hit the right note, when in his first engagement in Delhi in 2010 he visited a school named after Tagore and drew attention to the renewed attention in China today to his humanistic writings.

    Congress Party sent a small medical mission led by Dr Kotnis to help the Eighth Route Army in its War of Resistance in 1938. This team�s dedication and service to the People�s Liberation Army left a deep impression in the minds of the members of the Long March generation. This was the backdrop in which Nehru reached out to China in the 1950�s.

    A rude awakening to the Cold War realities of the 20th Century came about in the deteriorating relations in the end of 1950�s and to the 1962 War. The impact of this was different in the two countries. In China the average citizen had little knowledge of this War. They were in the grip of a totally controlled media. Besides, the population at large was grappling with life and death questions of the consequences of the Great Leap Forward. But, the impact in India was traumatic. Essentially it transformed in to a deep sense of betrayal at several levels, a sentiment that left deep scars.

    This contrast was reflected personally to me in June 1991 in many places in China where as a General Officer of the Indian Army and as the first Indian military guest of the PLA in over three decades, one was repeatedly accosted with the statement; �there are a thousand reasons why we should be friends and none at all why we should be enemies�. This was a sentiment that few would have shared in India at the time. As a first step in reconciliation we need to put this current history firmly behind us. This possibility was brought home to me personally through a brief encounter in Vietnam in the autumn of 2010. Shocked to see the utter devastation caused to innocent Vietnamese civilians in the most massive bombing in world history, in the deep underground bunkers north of Ho Chi Minh city, we asked if it was possible to forgive an enemy that caused these horrors. I was struck by the response of the young Vietnamese guide. He said; �If we were to hate the Americans, then how can we not also hate the French, the British, the Australians and the Chinese? We need to put history behind us if we hope to build a future�.

    Many would object to this idealistic approach to hard issues of national interests and they have a point. But, continuing with historic animosities is not the best foundation for national policy. In the realpolitik world of the 21st Century we will need to carefully craft a balance between our concerns and interests and evolve a cooperative relationship.


    The litany of issues between us is long and complex. A short paper such as this will only indicate broad approaches that India should adopt on some of the more important issues.

    The border issue easily heads any list and is also the most urgent. Even though no shot has been fired in anger across the Line of Actual Control since the last twenty six years, an unresolved border can no longer be �left to the next generation� to resolve. Already more than a generation has passed since Deng Xiaoping�s statement and this generation has not proved wiser. There is too much at stake today to pend this issue for long. Lingering problems tend to fester and often can be brought to light from hidden memories to buttress misgivings on other issues. Political sensitivity of this issue to both India and China however, has to be accepted and haste has to be made even if slowly.

    The fundamental reality about borders in the 21st Century is that none can be changed arbitrarily between two sovereign nations of some consequence without causing great destruction. Copious blood has already been shed over this border and today both nations have substantial nuclear weapons as well as conventional arms capability to persuade us to rule out this option. If that much is accepted, the only option that remains is a negotiated settlement. There is no doubt that each side should be prepared to make substantial compromises. But, the framework of a settlement has already been agreed in 2005 at Premier Wen�s last visit in 2005 under the Agreement on Political Parameters and Guiding Principles for the Settlement of the IndiaChina Boundary Question. This clearly rules out the possibility of exchanging populated areas.

    While there may be concerns today to make the borders porous, access to holy lands and pilgrimage places should have easy though controlled access. This will address so called claims based on religious sentiments. Fortunately most places along our common borders are uninhabited and hence minor changes in lines drawn on maps should have easier chance of acceptance.

    The question of the Kashmir border with China has caused recent concern in India. This need not really be the case. Once again on the Jammu & Kashmir question the position of both India and Pakistan has evolved. An exchange of territory, howsoever desirable to either side is not a realistic and even a desirable option. Hence converting the de-facto to de-jure is the issue between India and Pakistan. This will also have to be the option between India and China. This would require a leap of faith and bold political leadership.

    Admitted that such leaps are not the preferred options for realistic politicians aspiring to return to office a background of trust and friendship has to be created. Which in turn should be based on carefully crafted win-win situations for both. This is where other major approaches become important.


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  • krishna
    02-21 12:57 PM
    I am pretty sure he has figured out that he will not last in Congress. Hence he has chosen the route of being a TV show host and wants to try and influence policy in washington thro' his rants. He is nothing but a grumpy old man who vents his frustration on immigrants through his rants on TV. It is always good to know how people like him think and can try to influence policy but we should tune him out because what he says is irrelevant.

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  • vivaforever
    08-09 11:29 AM
    An immigration related - Not sure if it is posted yet !

    In a poor zoo of India , a lion was frustrated as he was offered not
    More than 1 kg of meat a day.

    The lion thought its prayers were answered. When one day a Dubai Zoo
    Manager visited the zoo and requested the zoo management to shift the
    lion to Dubai Zoo.

    The lion was so happy and started thinking of a central A/C environment, a
    goat or two every day.

    On its first day after arrival, the lion was offered a big bag, sealed
    very nicely for breakfast. The lion opened it quickly but was shocked to
    see that it contained few bananas. The lion thought that may be they cared
    too much for him as they were worried about his stomach as he had recently
    shifted from India .

    The next day the same thing happened. On the third day again the same
    foodbag of bananas was delivered.

    The lion was so furious; it stopped the delivery boy and blasted at
    him,'don't you know I am the lion...king of the Jungle..., what's wrong
    with your management? What nonsense is this? Why are you delivering bananas
    to me?*

    The delivery boy politely said, 'Sir, I know you are the king of the
    jungle ... but... you have been brought here on a monkey's visa !!!

    Moral of the Story....Better to be a Lion in your own country than a
    Monkey elsewhere.


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  • jonty_11
    05-29 08:27 PM
    Lobbying is like bribery - but legalized here in US....the smart people here didnt want to get caught....so legislators can make lobbyists like Jack Abramoff and ilk - scapegoats.....

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  • akela_topchi
    01-09 06:20 PM
    Unfortunately, Islamic fundamentalists are pushing the world so hard that it is impossible not to react forcefully. India is really trying hard to restrain, but how long a country would allow it's civilian population to be killed by mercenaries? It's just a shame that Islamo-fascists celebrate when their forces (be it hamas or any other terror group) kill civilians around the world... and they seek sympathy when their fighters face the retaliation.

    When hundreds of innocents were massacred in Mumbai in the name of Islamic jihad were there any protests in Arab countries? Similarly when Al-Qaeda attacked WTC and killed innocents, thousands of Arabs were in fact celebrating in streets. When hamas was launching rockets on Israel were there any protests in Islamic world?

    This time Israel will teach a good lesson to it's adversary and it will buy a few years of peace. US safeguarded itself and then attacked 9/11 suspects (terrorists and countries) and since then it was not attacked.

    India has never been tough on terror so it has been and it would continue to be a victim. Thousands of Indians died because our government failed to provide internal security and fitting response to those who are staging attacks on India.

    Today so many countries are under threat from jihadi elements. These elements are mushrooming around the world, and they are hiding and plotting to kill civilians for jihad and revenge.

    Many in civilized world think that terrorists would understand language of peace. But unfortunately the terrorists understand just one language - that of force... Their ultimate aim is to die fighting for jihad, so until this ideology and its followers are wiped out they will continue to attack us.

    See when India was doing Peace talks with Pakistanis, they were training fighters to massacre Indians:



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  • dartkid31
    05-25 01:45 PM

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.

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  • redcard
    03-23 05:20 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.

    Here is the document which clearly states for lawful status into US.


    You should be good incase you meet the requirement,


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  • m306m
    08-07 03:56 PM
    Political Science for Dummies

    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.

    This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D

    Keep them coming.

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  • validIV
    06-26 10:20 AM
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later

    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.


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  • pete
    04-09 01:01 PM
    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.

    I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

    We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.

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  • greencardfever2007
    04-16 12:30 PM

    I am writing to enquire whether you have any vacancies on your strategic board for someone of my talents. I realise that it is a little unorthodox to apply �on spec� for such a high-ranking position within your organisation, but I believe I have the necessary skills to further increase the profits and assets of Big Bank Plc. In this letter I will attempt to demonstrate my knowledge of the challenges and opportunities in our marketplace.

    1) Who are our customers?

    I understand that our most lucrative customers are those with the least awareness of financial matters; indeed, the less numerate they are, the better. Rather like the dear old PM, in fact.

    If they don�t know the difference between APR and AER, if they fail to read the small print in their credit contracts - not that it matters, as I�m sure I have the necessary legal skills to make such text impenetrable - and if their limited attention is grabbed by an �introductory� rate, then they are exactly the kind of people we need to target.

    I think that if we closely follow that other highly successful model of commerce - drug dealing - we won�t go far wrong in attracting and retaining the right customer base.

    2) How do we get people to take on more debt?

    I�ve been thinking about this, since we need people to be in debt so that they pay us lots of interest. I believe the best way is to start with an asset class that everybody needs and arrange for its price to increase by far more than the general inflation rate. Then the people who want to buy the new, over-priced assets will have to take on far more debt than would otherwise have been the case.

    Of course, the people who bought the assets prior to the excessive price inflation wouldn�t be in debt, but I think we can get around that by encouraging them to take on larger loans for, say, holidays, new TVs, big cars, that sort of thing (maybe even encouraging them to buy more assets to loan to other people?), all while securing them against the now-increased �value� of their asset. We could describe these loans as �Asset Equity Release� or something; it sounds so much more friendly than �Borrowing a Lot of Money.�

    Ultimately this would mean that everyone is in far greater debt, paying us far more money, for exactly the same asset! Genius, eh?

    Oh. Hang on. That�s already been done with houses, hasn�t it?

    3) Social conscience.

    Every responsible company should have a social conscience, and Big Bank Plc is no different. We need to be in tune with the society in which we operate, sharing the values of our customers.

    Luckily that�s not too difficult; our customers are greedy and so are we! They want lots of money, right now. We want lots of money, but we can wait (that old �deferred gratification� thing).

    So we simply sell them the money to fulfil their greedy dreams, and they sign up for a lifetime of debt slavery to fulfil ours. Everyone�s a winner!

    4) Get-out.

    I have noticed that some of our customers have been attempting to escape from their obligations through IVAs, bankruptcy and so on. This really won�t do. Luckily we have a role model to follow here; America. The banking industry there successfully lobbied Congress to make it almost impossible to escape from credit card debt, even in bankruptcy.

    There�s much work to be done in the UK by comparison, but we�re getting there. Escape from student loan debt is almost impossible and an IVA won�t release people from mortgage debt. There�s still credit card debt, but at least we can now secure that on property (I love that one; we sell an unsecured loan at punitive rates, then secure it! They�d have been better off just getting a secured loan! How stupid are these people?).

    So, there�s just the problem of escape through bankruptcy, but I think we can work on that. Friends in government, nudge nudge, wink wink. Give me time�

    5) Our friends at Westminster.

    Speaking of government, I think our special relationship is going rather well, don�t you? They want a population that feels wealthy even though it isn�t (see number 2 above), that is unlikely to cause trouble (who can afford to go on strike when you have huge debts to service?) and that isn�t educated enough to understand what�s being done to them (have you seen the latest exam results?).

    Those are our goals too; it�s a marriage made in heaven. And if they want to rack up even more debt on the population�s behalf, we�re only too happy to oblige.

    We do need to be more careful at times, though. Our so-called competitor�s �employment� of that ex-Prime Minister so soon after leaving office was rather rubbing people�s faces in it, don�t you think? A few of the less stupid ones might start to put two and two together.

    6) Media

    Can we keep the mainstream and financial media �on-side�, thus keeping the population distracted by pointless celebrity gossip, �reality� TV programmes (oh, the irony), diversionary economic scare stories and back-to-back shows extolling the virtues of never-ending asset inflation (and with it, never ending debt)?

    Of course we can - we own most of them! And the government owns much of the rest. Anyway, people actually seem to want this stuff. Bread and circuses, I suppose.

    7) What happens if we run out of money?

    See number 5. There are plenty of options if we ever run into difficulties - direct government �loans� (rolled over ad infinitum), dropping the base rate below real inflation while raising lending rates, etc. - but they all boil down to one thing: take money from the tax-payer while using inflation to mask the theft. With a bit of luck we can even get the public to demand this action for us, with the help of the media.

    And anyway, we�re not actually lending real money, are we? It�s created from nothing at the point at which the loan is granted. So what do we have to lose?

    I look forward to your reply.

    Yours faithfully,

    Mr Wanabe A Banker


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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df

    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.

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  • hpandey
    06-26 04:14 PM
    Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!

    I agree.. a 1500$ rent might be a 3000$ rent 30 years from now .


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  • pete
    04-09 11:29 AM
    Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

    You can say it whichever way you like. Isnt everybody looking for selfish gains?
    A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......

    There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:


    Unlike we want H1B abuse to continue AND ALSO GC reform.

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  • ganguteli
    03-24 03:29 PM

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Do you disagree about Indians?

    Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.

    But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.

    I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.

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  • Munna Bhai
    07-09 05:06 AM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

    Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.

    But do get intouch with old company.

    07-11 10:10 AM

    wait for UN's reply

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..

    YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.


    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.

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