Saturday, July 9, 2011

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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.





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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris





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  • indio0617
    09-26 10:13 AM
    Though I like Obama as a person who promises positive change, I am afraid this will turn into disaster for all of us. Obama in white house to me translates into 'Curtains' for all legal high skilled immigration.

    If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.



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  • s_r_e_e
    07-14 04:29 PM
    What would happen this time before it retrogress again is, some low hanging EB2s from 2005 end & 2006 will get GC while many 2002 & 2003 EB2 are still waiting. More frustration and even more stress with tracking , soft LUDs, Hard LUDs, info pass , uscis calls!! what a mess!





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  • xyzgc
    12-22 09:35 PM
    With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.

    I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.

    On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.

    Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
    And you never used the word "gifted". You already provided your reasons for saying whatever you did.



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  • kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris





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  • Marphad
    12-22 04:38 PM
    Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
    Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
    (another example of the tyranny of the majority against minority) .
    Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


    And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.

    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?



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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.





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  • jonty_11
    04-09 10:59 AM
    What is IV's position on this bill?



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  • Rinku
    05-15 02:19 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??





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  • ArkBird
    01-06 07:00 PM
    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.

    But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?

    Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?

    It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".



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  • jthomas
    09-30 01:04 AM
    I am working in US from 2002 in H1B visa. Looking at the scenarios, it does not seem that we would be getting our green card soon. It would be wise if we start looking for some altenate. I have a Canadian Permanent residency and i am thinking sometimes soon i will move to canada. I have learned a lot working in United states and had changed 3 employers during 7 year period. I am seriously thinking about two options, One is to start a business in India with the technology i am woking in and secondly to move to canada and market those products over the globe. I am thinking about patenting some existing design for some application which people have not implemented. Once i file a patent, with broad open areas, i am sure to rule over the technology for next 20 years.
    I think we have spend the cream of our lives in this land and followed the rules of the land. If we are not required in this land lets move to some other country where we are welcomed. After the elections, Whether its Obama or Mcain nobody would care for us till the economy comes out of recession. Even with HR5882 we don't know how soon USCIS would process our green card. At present they are not able to process the alloacted number of green cards.
    Whether its Obama or Mcain does not mean anything. It seems to me like Obama would win the elections and Sen Dublin would give us a hard time.





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  • mariner5555
    04-14 07:24 AM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    Maintenance
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
    Atleast you are being honest and telling that the price now is somewhere around 350K. also the main point is that you bought it in 2004 so you are somewhat lucky. the situation now is such that prices are still very high in the correct location. I will give my example ..if I buy a house now ... for the good deals ..I have to buy one which is 14 miles away from work and another 22 miles away from city / airport (atlanta). and ofcourse if I buy at so far away it will not appreciate for another 10 years (many places have single roads ..and atlanta traffic is famous). there is still a bubble at better locations ..as sellers / builders are not lowering enough ..lots of for sale signs though.
    now by renting ..I am closer to work / family ..so atleast 250 $ saved in gas plus vehicle maintenance ..add another 300 in maint + hoa for new house plu 300 - 400 in prop tax etc. with this money itself --I get good deals on renting a townhome with good apartment companies (hence no HOA).
    so renting is not throwing money away ..you get a place to stay (with no maintenance) ..maybe smaller in size ..so you need to ask another question ,...do I need extra space (And maintenance ..) ..before you decide to buy especially now.



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  • wellwisher02
    03-29 08:49 AM
    correct.

    Hello,

    PMI premium payments are now tax deductible. This is effective Dec 2007. I remember reading an article on this. (I do not pay PMI and therefore do not keep a tab on this. However you may wanna check up on what I say.)





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  • NKR
    08-06 08:55 AM
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.



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  • indio0617
    09-26 11:17 AM
    though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
    someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
    but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
    I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
    so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.


    You hit it right on the nail ! Very precisely put. Read between the lines and do not get carried away by 'eloquent' speeches. Deeds are stronger than words. Look at how the democratic agenda is framed. It has never been in favor of business, enterprise or innovation. Putting things into respective Obama & co will suffocate us with all the socialist agenda and stagnating policies.





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  • anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.





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  • riva2005
    05-16 01:37 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.





    Beta_mle
    04-05 05:09 PM
    I think one needs to consider both cash flow and quality of life. Apartment living with kids is not very pleasant, a house with a yard is really the optimal scenario. Mortgage payments may be comparable with rent, depending on your location, but utility bills are greater in a house. Then there are tax issues, whereby you can deduct the interest paid, and you are also building equity.

    It's very complex, and our immigration status is just one more complication. However, like the Bible says, "he that regardeth the wind shall not sow". I think if you are at that time of life and you are planning to settle in the USA just go ahead and do it. I did it in my second year of H1B and it is now 5 yrs later. I am now in 485 stage and in the meantime I have built some equity and have no regrets.

    Good luck to you!





    sledge_hammer
    06-05 04:49 PM
    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.

    >> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    You are right in 90% of cases - where people will otherwise spend the money and not save it.

    If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

    However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.



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