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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris





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  • h1techSlave
    04-15 02:57 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home.





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  • Refugee_New
    01-06 03:02 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.

    Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.

    Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?





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  • satishku_2000
    05-16 02:56 PM
    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.



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  • Macaca
    12-30 07:26 PM
    Gay pride only goes so far in India
    'Queer' activists out and proud in Delhi and Mumbai have little connection with those forced to live in small-town secrecy (http://www.guardian.co.uk/commentisfree/2010/dec/30/gay-pride-india-queer-delhi-western)
    By Parvez Sharma | The Guardian

    I grew up in Saharanpur, a "small town" of 1 million people in India's most populous state, Uttar Pradesh. Saharanpur is very like the hundreds of other towns littering the vast plains of the region, and not notable for much except its mangoes and woodcarving industry.

    In the early 90s I was at a Catholic-run school in the town and had my first sexual experiences with another boy near the railway tracks. That's what my brother was alluding to when he phoned me a couple of nights ago with what he called "breaking news from our childhood".

    Under a headline saying "Gay party has been exposed", the local Hindi-language newspaper, Amar Ujala, had published a photograph of some 20 frightened-looking men sitting on the floor, many trying to conceal their faces with shawls and scarves.

    A series of bullet points beneath the photograph highlighted what the editors presumably thought were the most shocking aspects of the story: a doctor, MBA students and teachers were present; this "indecent" party was organised under the guise of a birthday party at a dharamshala (spiritual dwelling or sanctuary); and alcohol was served.

    The news item went on to name some of the men who were arrested; thankfully, all have fairly common first names, and their last names were not provided. However, the organiser of the party was identified as Bunty and the piece informed us that he runs a "beauty parlour" named after him. So, for anyone interested in following up the story with a spot of gay-bashing, the aforementioned Bunty should be easy enough to find.

    The English-language Times of India went further with its irresponsible reporting of the same story, mentioning the jobs and neighbourhoods of some of the men.

    The paper also chose to identify the host Bunty with his last name and gave the exact location of his beauty parlour. I read the rest of the piece in horror. The names of those arrested include both Hindus and Muslims (both religions have sizeable numbers in Saharanpur).

    The location of the dharamshala is just two miles from my old school, where I was mercilessly bullied for being too effeminate when I was a boy.

    There are quotes from the police officer who organised the raid, in which he talks about finding "used condoms" and guests in a "compromising position". Saharanpur is described as an "ultra-conservative" town and a college teacher called Ayub Qureshi is quoted expressing his indignation: "This is certainly unheard of in Saharanpur. I don't know where are we heading to."

    Thirteen men were arrested, though according to police the party was attended by more than 100. The arrests should be condemned. These "gay" men probably have nowhere else to meet and many perhaps still live with their families, where discussing their sexuality would not be an option.

    As I looked at the English-language news item, I noticed that one of the first comments comes from someone in the state of Haryana:

    "Dear sir, all these westurn gay thing is now allowed in our culture. v must stop these gay people from having sex because then they increase in population and soon our bautiful culture country will be full of them. police have done good job. kudos to them"

    The notion of homosexual activity being considered foreign � and often as specifically a western perversion � is an idea I came across before, when making my film, A Jihad for Love.

    Last month, out and proud gay men and women marched in Delhi's annual gay pride march. Many posed happily for the news cameras. Rainbow flags were in abundance, as was western terminology such as "gay", "queer" (even transcribed into Hindi on some signs) and "LGBTQ".

    As I looked at photos of the event taken by my Facebook friends, I realised that most came from middle- or upper-class families and would have a degree of ease with the English language. I have often wondered about the need to use western models of emancipation such as "gay pride" marches and rainbow banners in cultural contexts that are vastly different.

    While filming "gay" Muslims around the world, I realised that very often an absence of affirmative language for their sexual selves in their native tongues was what united them. I have always found the word "queer" problematic and find its use on signs in Hindi to be surprising at the very least.

    In so many countries, invisibility is the norm and the preferred option for those who have same-sex desires. I have no doubt that most of the men and women who were busy marching in Delhi waving their banners would not like to be seen at a downmarket venue like the dharamshala in Saharanpur and I am not even sure if many of these newly minted "queer" activists from India's big cities would find common cause with the small-town types arrested at this "gay party".

    India remains a land of some of the greatest dissonance in the world. A booming economy and the world's largest and probably most aspirational middle class, it still seems to be not completely at ease with the sexual freedoms that are usually touted as western.

    Just last year, the archaically worded anti-sodomy section 377 of the British-written penal code was successfully challenged in the Delhi high court. The vociferous activists in Delhi and Mumbai hope that the law will be repealed nationally, thus making homosexuality "legal" in the world's largest democracy. In the meantime, outdated laws written by colonisers with Victorian ideas of morality continue to be enforced in other parts of India.

    As I look at the picture of the frightened men in Saharanpur again, I wonder if I can recognise anyone from my school days. I wonder if Bunty or any of the other men would have wanted to attend the Delhi pride march. Would they understand what "queer" meant at all?





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  • file485
    07-07 09:41 PM
    Hi Manu..

    it must be living hell for you with this mess, we all pray for you to get some route out of this hell.

    When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?

    pls post..

    waiting for your response.



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  • Ramba
    08-05 01:50 PM
    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.





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  • krishna
    02-21 12:45 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.



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  • DSJ
    05-17 02:43 PM
    Come on man don't preach here. Your so called paid *permanent job* is to do work at your office, not spend time in this forum to post lengthy text.
    Do you think what you are doing is legal or illegal to your company.

    Reality is, being a 'consultant' on the bench is illegal.





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  • desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.



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  • xyzgc
    12-28 12:21 AM
    Please don't advocate war.
    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.

    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)





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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.



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  • EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





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  • chanduv23
    03-24 03:25 PM
    UN,

    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.

    UN is trying to go into the "inner mind" of an USCIS officer and think how they think.

    He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.

    He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......

    I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.

    Remember - this is a bad time with economy - with job losses - everything may not work for you.



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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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  • gimme_GC2006
    04-13 09:26 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,
    cinqsit

    thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)



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  • Macaca
    08-01 08:15 PM
    Lobbying Reform, at Last (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/30/AR2007073001552.html) Congress should finish it before going home, July 31, 2007

    IT WASN'T EASY, it took too long, and it's not done yet -- but before Congress leaves for its August recess, it should have completed a lobbying reform bill that would, for the first time, require disclosure of the bundles of campaign checks that lobbyists bring in for politicians. We say "should have" because the measure -- having not gone through the normal conference committee process -- needs to clear significant hurdles in both the House and Senate. Lawmakers of both parties, in both houses, must ensure that that happens before going home to face constituents who appear increasingly unhappy about a Congress they perceive as looking after its own interests, not theirs.

    The lobbying package makes important changes, some of which were written into House rules in January. It would prohibit lawmakers and staff members from accepting gifts or travel from lobbyists and their clients. It would end lawmakers' ability to fly on corporate aircraft at cut-rate prices; senators and White House candidates would have to pay regular charter rates for such flights, while House members would simply be barred from accepting travel on private jets. It would lengthen, from one year to two, the revolving-door prohibition on senators and Senate staff members; the House limit would remain at one year.

    It would require that senators pushing pet projects known as earmarks make that information available at least 48 hours in advance of a vote and certify that they and their immediate family members have no financial stake in the items; earmarks added in conference could be challenged and would have to receive 60 votes to survive. Lobbyists would also have to report gifts made to presidential libraries, now a financial disclosure black hole.

    Most important, the measure would require lawmakers to include on their campaign finance reports the identities of lobbyists who raise $15,000 or more for them during a six-month period -- shining a needed light on an important source of influence. Keeping this requirement part of the bill was a difficult, and important, achievement.

    This agreement will be brought up on the House floor today, under rules allowing it to pass quickly with two-thirds support. Then it goes to the Senate, where it is expected to run into opposition from Republican Sens. Jim DeMint (S.C.) and Tom Coburn (Okla.) over whether the earmarking rules are strict enough; because it involves a change in Senate rules, 67 votes will be needed for passage. Leadership from Minority Leader Mitch McConnell (R-Ky) will be critical to ensure that the complaints of a few senators are not allowed to derail a change that is badly needed and long overdue.





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  • NKR
    03-25 02:32 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.





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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.





    nozerd
    12-28 09:08 PM
    I believe in the maxim that you cant control how others act. You can only control how you react. This is what India should do in the short and medium term that they do have full control over.

    SHORT TERM.

    I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.

    a) Recall the Ambassador permanantly and close down the High Commision.

    b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)

    c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).

    d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.

    e) Ignore PAK to the point that it doesnt exist.

    MEDIUM TERM

    a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.

    b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.

    c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.

    d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.





    nojoke
    09-29 09:06 PM
    its ok, you misunderstood my point. I dont want to divert OP of this thread.

    Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.

    My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.



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