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  • anilsal
    11-11 08:52 PM
    Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.

    Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.





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  • ksr
    08-09 05:26 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR





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  • brb2
    04-07 07:12 PM
    If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.





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  • SunnySurya
    08-05 11:21 AM
    You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)



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  • apt7
    05-16 12:04 AM
    What will happen to the hundereds and thousands of consultants working in firms like Mircosoft, IBM, JP Morgan, Oracle etc and all the other big and small firms? I bet there will be no more BAUs (business as usual) in the all those companies..





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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.



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  • satishku_2000
    08-02 06:12 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.





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  • funny
    10-01 05:17 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.


    It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....



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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • Macaca
    05-20 06:21 PM
    Diplomatically Insulting the Chinese (http://nationalinterest.org/commentary/diplomatically-insulting-the-chinese-5329) By Ted Galen Carpenter | The National Interest

    May 2011 is likely to go down as an especially important and intensive period in U.S.-China relations. Leaders of the two countries held the latest annual session of the bilateral Strategic and Economic Dialogue on May 9-10. And this week, eight high-ranking Chinese generals, led by Chen Bingde, chief of the general staff of the People�s Liberation Army, will meet their Pentagon counterparts and then tour selected U.S. military installations.

    The conventional wisdom is that these events mark a dramatic improvement in a relationship that has been marked by growing tensions in recent years. That interpretation is partially correct, but there are some worrisome countercurrents that are also important. Despite the improving communication between the two sides, U.S.-China relations remain strained, and there are troublesome issues that will not be easy to ameliorate, much less resolve.

    The opening day of the Strategic and Economic Dialogue illustrated both positive and negative trends. On the positive side, the Chinese delegation for the first time included high-level officers of the PLA. Their absence from those meetings in previous years left a noticeable void in the discussions, especially on such crucial issues as nuclear weapons policy and the military uses of space. American officials also viewed the lack of a military contingent in the Chinese delegation as tangible evidence of the PLA�s continuing wariness, if not outright hostility, toward the United States. The presence of those leaders in the latest dialogue was an indication that the cold war that had developed between the PLA and the Pentagon since the collision between a U.S. spy plane and a Chinese jet fighter in 2001 was finally beginning to thaw.

    On the other hand, the opening remarks of Vice President Joe Biden, Secretary of State Hillary Clinton, and other U.S. officials struck a confrontational tone. They expressed sharp criticism of Beijing�s recent arrests of activists and artists following the pro-democracy uprisings in the Middle East. More broadly, Clinton stated that �We have made very clear, publicly and privately, our concern about human rights.� In an interview in The Atlantic, released during the talks, Clinton was even more caustic, accusing China�s leaders of trying �to stop history,� which she described as �a fool�s errand.�

    It was not surprising that the U.S. delegation would raise the human rights issue in the course of the dialogue. But it was not the most constructive and astute diplomacy to highlight during the opening session perhaps the most contentious topic on the agenda. A senior administration official later stated that the discussions on human rights were �very candid,� which was probably an understatement.

    The broader context of the opening session was not overly friendly either. While that session was taking place, President Obama conducted a lengthy telephone conversation with Indian Prime Minister Manmohan Singh. The White House issued a bland statement that the two leaders discussed matters of bilateral and international concern, including the killing of Osama Bin Laden, but the underlying message to the Chinese was anything but subtle. The timing especially sent a signal to PRC leaders that in addition to Washington�s strategic links with its traditional allies in China�s neighborhood (especially Japan), the United States had key options available regarding the other rising regional giant�and Chinese strategic competitor�India. As in the case of the lectures on human rights, highlighting U.S.-India ties at that moment did not help ease bilateral tensions with Beijing.

    Even when U.S. officials ostensibly sought to be conciliatory, the attempt often came across as self-serving and borderline condescending. Secretary of the Treasury Tim Geithner, for example, praised some �very promising changes� in Beijing�s economic policy that had taken place during the previous year, especially on the currency valuation issue. But there were few offers of economic carrots from the U.S. side. The emphasis was always on the concessions Washington expected from Beijing.

    The closed-door meetings appeared to be more constructive than the public session, as the participants reached agreement on a number of measures, both minor and significant. In the former category was the announcement of Beijing�s decision to offer twenty thousand scholarships to American students for study in China. In the latter category was a two-pronged agreement, which included both a commitment to conduct regular talks (dubbed �Strategic Security Dialogues�) regarding security problems in East Asia and a �framework for economic cooperation� to address the full range of occasionally contentious bilateral economic and financial issues. In addition, Beijing made commitments to increase the transparency of China�s economy, especially the government�s use of export credits.

    Progress on security and economic topics was gratifying and holds considerable potential. But whether the outcome deserves the label �milestone agreement,� as officials contended, remains to be seen. The significance of the accord depends heavily on the subsequent execution, especially on the Chinese side. Nevertheless, the dialogue clearly ended on a high note, and one that was better than anticipated following the U.S. delegation�s brusque comments at the opening session.

    Expectations regarding the visit of General Chen and his PLA colleagues are also upbeat. The visit itself is a significant breakthrough. Military-to-military relations have been tense and episodic for years. The most recent disruption occurred in early 2010 when Beijing angrily severed those ties following the Obama administration�s announcement of a multi-billion-dollar arms sale to Taiwan.

    Despite the cordial rhetoric accompanying this trip (and the full military honors accorded Chen during a ceremony at Fort Myer), the visit has far more symbolic than substantive importance. The U.S. and Chinese militaries are not about to become best friends. The best that can realistically be expected would be measures to improve communications between forces deployed in the air and on the sea in the Western Pacific region to reduce the danger of accidents or miscalculations. Any breakthrough on larger strategic disagreements will have to be reached between officials at higher pay grades than even General Chen and his American counterparts.

    The change in tone in the U.S.-China relationship is welcome, since better cooperation on both economic and strategic issues is important. Trends on both fronts over the past several years have been worrisome. A failure to cooperate on economic matters not only jeopardizes both the U.S. and Chinese economies, it also poses a threat to the global economic recovery. Animosity on security topics creates dangerous tensions in East Asia and undermines progress on such issues as preventing nuclear proliferation.

    Nevertheless, while China and the United States have significant interests in common, they also have some clashing concerns in both the economic and strategic arenas. There are bound to be tensions between the United States, the incumbent global economic leader and strategic hegemon, and China, the rapidly rising economic and military power. The critical task for leaders in both countries is to manage those tensions and to keep them under control.

    The political and diplomatic dance between such great powers is inevitably a wary, delicate one. But the alternative would be the kind of outright hostility that marked the relationship between the United States and the Soviet Union, and that would be to no one�s benefit.



    China must stop being so secretive about its military rise (http://blogs.telegraph.co.uk/news/peterfoster/100088783/china-must-stop-being-so-secretive-about-its-military-rise/) By Peter Foster | Telegraph
    Stealth has the smell of success (http://atimes.com/atimes/China/ME20Ad03.html) By Carlo Kopp | Asia Times
    A Rare-Earths Showdown Looms
    WTO litigation over China's export limits is inevitable unless Beijing comes to its senses. (http://online.wsj.com/article/SB10001424052748703509104576331010793763864.html)
    By JAMES BACCHUS | Wall Street Journal
    Chinese interests in Pacific nations: mining ventures in PNG (http://www.eastasiaforum.org/2011/05/19/chinese-interests-in-pacific-nations-mining-ventures-in-png/) By Graeme Smith | UTS and ANU
    China-risers should pause for breath (http://atimes.com/atimes/China/ME20Ad01.html) By Tom Engelhardt | Asia Times
    How China Gains from Fukushima (http://the-diplomat.com/2011/05/20/how-china-gains-from-fukushima/) By Saurav Jha | The Diplomat



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  • vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.





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  • smuggymba
    07-28 02:57 PM
    what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....

    Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action

    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth



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  • adusumilli
    08-06 07:38 AM
    see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.





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  • SunnySurya
    08-05 09:52 AM
    You right... But my question is why can't I contribute to IV as well as to his effort. After all the reason I want to contribute to IV is that I want some thing in return that will help me get my Green Card faster...
    I am worried that people who originally filled in Eb2 and have later PDs will be punished.
    I am worried that people will seek easy way out instead of concentrating on fixes like visa recapture.

    ... and dont forget that you drink from it too.

    Take the $500 or $1000 and contribute to IV so that we can get a solid resolution.

    No wonder illegals are so strong. United they stand. Pity 'highly educated' workers use their 'intelligence' for matters nefarious and counter-productive. No wonder we are in this situation to start with.

    If there were a collective voice with strong bargaining power, we would have not been in this situation.

    Law breakers are feared. Law abiding folks are derided.

    Go on, feed Loo Dogs for yet another sensational story on why ALL immigrants need to go back.

    Dont forget, for the average Joe anyone that does not 'look like them' can be a target for hate crime and resentment. PR about a case like this can only make the entire community weaker. If you happen to be Indian, what is to stop someone that is upset about immigrants not targeting you or your family? They wont know that YOU are their protector in chief, with the lawsuit stuck in your backpocket. You are but a symbol of the problem that you make out to be.

    Seriously. I have been involved in very key discussions with very senior public figures. Their number one pet peeve: You guys are so divided, even if we wanted to help, we are unable to.

    You just go on to prove their point.

    It is understandable that you are upset about what you see as being 'unfair'... just extrapolate that to the Ron Hiras of the world and NumberUSAs of the world ... you are feeding the larger cause of hatred towards highly skilled workers ... by creating a false impression that highly skilled workers abuse the system...

    Dont make your pillow peeves an issue that comes back to hurt ALL, including you. On many dimensions. This is serious stuff. Think about it.



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  • hiralal
    06-05 10:55 PM
    I have done lot of research and come up with calculations ..please note ..I am renting now but am also a potential home buyer ..only the GC is preventing me from buying.
    both have its advantages and dis ..by renting, I save a lot and I spend that money more freely (eating out more frequently, wife is not under pressure to work, kids in summer camps, fully funding retirement etc). kids have more friends, playdates etc etc. also the flexibility and peace of mind that renting gives me (and my family) is priceless in this environment. similarly owning has its own pleasures and others maybe able to write better on that.
    my point is only from timing point of view and from financial perspective ..home is huge investment and if prices are still falling then it makes sense to wait ..the reason being if prices fall an additional 10 - 15% in your area then you may lose 30 - 40K in one year (which is almost 2 - 3 years of savings for better paid guys). on top of it if you lose job and H1/EAD gets cancelled then you are FINISHED.
    here is the article that I mentioned ..also note 3% appreciation was past (slightlly more than rate of inflation) ..it will take years to even come there
    ---------------------
    one of the adjustable variables is home appreciation. The default level is 3% a year, meaning the $300,000 home would be worth $309,000 after one year, $318,270 after two years and so forth.

    Reduce that figure to 1% and the break even period jumps to 4.8 years. At 0% it's 7.2 years.

    These days, 0% appreciation is not all that bad. The calculator won't take a negative number, but it's easy to imagine what would happen if, for example, prices were to drop by 5% a year for three years, then resume a 3% annual increase. Your home would lose about 15% of its value in three years and would then take five more to get back to where you started, a total of eight years.

    With appreciation continuing at 3% it would take another 2.5 years to break even once commissions, taxes and other factors were taken into account. So it probably wouldn't pay to buy this home unless you expected to stay there for more than 10.5 years.

    But there's no doubt that periods of low home-price appreciation or falling home values dramatically undermine any financial benefits of owning over renting.
    ---------------------





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  • SunnySurya
    08-05 03:00 PM
    :D:D:D:D:D:D
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D



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  • fromnaija
    08-02 11:40 AM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.





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  • cygent
    10-03 12:48 PM
    Excellent post dtekkedil
    You reiterate exactly what I have in my mind
    My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.





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  • learning01
    05-24 11:59 AM
    how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.

    And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?

    Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.

    The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.

    Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.

    Americans are simply not enrolling in these high risk, hard work professions. period. QED.
    What say you?
    Folks,





    Marphad
    12-17 02:48 PM
    I never commented Muslims as terrorists and even don't believe so. If you read the title again, it clearly says "I hate converting terrorism to muslimism" - which few morons like Antulay are doing. They are actually indirectly trying to imply that.

    If I meant anywhere that I have problem with muslims, believe me it will be writing issue. Yes, I do have problems with people who are Indian citizens but support Pakistan and terrorism.


    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.





    StuckInTheMuck
    08-06 11:14 AM
    Got past me too :)



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