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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.





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  • yagw
    08-20 02:40 AM
    Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.

    "children, its how your mom calls your dad.. well, most of the time anyways"

    On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"





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  • 485Mbe4001
    09-26 06:17 PM
    Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.

    My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.

    As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.

    The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.


    Just 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.





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  • Refugee_New
    01-06 12:38 PM
    It is very sad but please post it on the relevant site.

    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?



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  • DallasBlue
    07-10 01:37 AM
    simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.

    HATS OFF!!!!!

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





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  • rockstart
    07-14 03:37 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


    All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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  • ca_immigrant
    06-23 02:54 PM
    \

    Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????

    Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year

    Credits are one time.. how about next year and there after??

    Unbelievable!

    gapala,

    I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
    I am not asking anyone to buy or not buy......





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  • HawaldarNaik
    12-26 07:48 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...



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  • Macaca
    01-20 10:11 AM
    Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19

    AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?

    The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.

    But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.

    Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.

    In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.

    Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.

    The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.

    But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.

    The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.





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  • unitednations
    08-02 06:36 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.


    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.



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  • pani_6
    07-13 01:17 PM
    Guys I am getting the impression that EB-3- I did not act on IV action items..that's not true we have been actively involved in IV action items and have been contributing...





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  • NeverEndingH1
    12-17 04:05 PM
    . . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.



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  • validIV
    06-25 03:10 PM
    This thread, according to the OP, was about long term prospects about buying a home. If you look at it in this context, especially to all the renters here, consider this:

    If you are renting for 30 years, at the end of those 30 years you wind up with nothing.

    If you own your home and instead use that rent money to pay for your home, and in most cases a little extra more money, at the end of those 30 years you wind up with your own house. Even if the value of the home goes to ZERO which is literally impossible, in the end you wind up with a home.

    30 years is a long time and anything could happen. History has shown us that economies fluctuate and will continue to do so whether we buy a house or not. The question for you is which of those 2 situations above do you want to be in after 30 years.

    For those who want to wind up with a home consider looking at auctions. There was a huge auction hosted by REDC here in NY that almost sold all of its properties on the first day:

    Foreclosure Home & Properties: Foreclosed Homes, Condo Repos, Repossession, Real Estate Sale (http://www.auction.com/)

    before you consider buying in your neighborhood, please look at the inventory first. Some homes are sold for cash only, but some can be financed. I attended the NYC auction and it was crazy. They have upcoming auctions on most US states and you can also attend the auction online.





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  • bkarnik
    08-06 06:19 PM
    A father passing by his teenage daughter's bedroom was astonished to see the bed was nicely made and everything was neat and tidy. Then he saw an envelope propped up prominently on the centre of the pillow. It was addressed "Dad". With the worst premonition, he opened the envelope and read the letter with trembling hands:-

    Dear Dad,

    It is with great regret and sorrow that I'm writing you, but I'm leaving home. I had to elope with my new boyfriend Randy because I wanted to avoid a scene with Mom and you. I've been finding real passion with Randy and he is so nice to me. I know when you meet him you'll like him too - even with all his piercing, tattoos, and motorcycle clothes. But it's not only the passion Dad, I'm pregnant and Randy said that he wants me to have the kid and that we can be very happy together. Even though Randy is much older than me (anyway, 42 isn't so old these days is it?), and has no money, really these things shouldn't stand in the way of our relationship, don't you agree?

    Randy has a great CD collection; he already owns a trailer in the woods and has a stack of firewood for the whole winter. It's true he has other girlfriends as well but I know he'll be faithful to me in his own way. He wants to have many more children with me and that's now one of my dreams too.

    Randy taught me that marijuana doesn't really hurt anyone and he'll be growing it for us and we'll trade it with our friends for all the cocaine and ecstasy we want. In the meantime, we'll pray that science will find a cure for AIDS so Randy can get better; he sure deserves it!!

    Don't worry Dad, I'm 15 years old now and I know how to take care of myself. Someday I'm sure we'll be back to visit so you can get to know your grandchildren.

    Your loving daughter,
    Rosie.

    At the bottom of the page were the letters "PTO". Hands still trembling, her father turned the sheet, and read:

    PS: Dad, none of the above is true. I'm over at the neighbor's house. I just wanted to remind you that there are worse things in life than my report card that's in my desk centre drawer. Please sign it and call when it is safe for me to come home. I love you!



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  • sc3
    08-05 06:41 PM
    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.





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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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  • raj2007
    04-07 11:39 PM
    Desis who come here are all engineers and well educated. I couldn't believe that some of them are falling for the realtor tricks. I know someone who last year paid 200K more on an advertised price of 1million. He said the realtor told him that there was bidding war and he kept rising it and eventually got the house for 1.2million. What stupidity. Doesn't he know about phantom bids that realtors use to jack up the price.:( This is last year end when housing here started crashing. I asked him how he is going to pay when his arm resets. He says he will refinance. God save him.

    They are well educated but not street smart. Realtors are same everywhere and they know, how to misguide.





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  • hopefulgc
    07-14 10:55 PM
    Very correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.

    There is a saying in hindi
    "garibi mein aata gila"
    analogous translation:
    "spilling the only water you have left when you are really thirsty in a desert"

    Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.





    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

    ------------------------

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.





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  • waitnwatch
    08-05 03:32 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.
    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





    immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.





    truthinspector
    01-02 12:58 PM
    It's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.


    Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")

    One Side : "Chalta Hain"

    Other Side : "Khao Khujao , Batti Buzao"

    Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).



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