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  • GC_Geek
    07-08 06:30 PM
    I havent read the thread entirely, but a friend of mine came across similar issue as your husband's previous GC denail.. my friend handled it with FMLA as my friend was away from his job for a long period for his father cancer treatment in India.
    I am just throwing this idea, you may want to mention this with your lawyer.

    also if you want to know more about this FMLA thingy.. Pl PM me.
    BTW, I wish you all the best in this critical time, my prayers are with your family...





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  • Macaca
    05-02 05:45 PM
    Glass Half Full on Obama's New National Security Team (http://www.worldpoliticsreview.com/articles/8696/the-new-rules-glass-half-full-on-obamas-new-national-security-team) By THOMAS P.M. BARNETT | World Politics Review

    President Barack Obama reshuffled his national security team last week, and the reviews were overwhelmingly positive. The White House proclaimed that this was the "strongest possible team," leaving unanswered the question, "Toward what end?" Obama's choices represent the continued reduction of the role of security as an administration priority. That fits into his determined strategy to reduce America's overseas military commitments amid the country's ongoing fiscal distress. Obama foresees a smaller, increasingly background role for U.S. security in the world, and these selections feed that pattern.

    First, there is Leon Panetta's move from director of the Central Intelligence Agency to secretary of defense. When you're looking for $400 billion in future military cuts, Panetta's credentials apply nicely: former White House chief of staff and director of the Office of Management and Budget under President Bill Clinton, and 9-term congressman from defense-heavy California. But, truth be told, Panetta wasn't the president's first choice -- or his second, third, fourth or fifth.

    According to my Pentagon sources, the job was initially offered to Hillary Clinton, who would have been a compelling candidate for the real task at hand: working to get more help from our European allies for today's potpourri of security hotspots, while reaching out to the logical partners of tomorrow -- like rising China, India, Turkey, South Africa and Brazil, among others. She would have brought an international star power and bevy of personal connections to those delicate efforts that Panetta will never muster. But Clinton has had enough of nonstop globe-hopping and will be gone at the end of Obama's first term.

    Colin Powell, next offered the job, would have been another high-wattage selection, commanding respect in capitals around the world. But Powell demanded that his perennial wingman, Richard Armitage, be named deputy secretary, and that was apparently a no-go from the White House, most likely for fear that the general was set on creating his own little empire in the Pentagon. Again, too bad: Powell would have brought a deep concern for the future of U.S. national security that Panetta -- with the "green eye shades" mentality of a budget-crunching guy -- lacks.

    Three others were then offered the job: Rhode Island Sen. Jack Reed; former deputy secretary of defense and current Center for Strategic and International Studies boss John Hamre; and former Navy Secretary Richard Danzig, who was long rumored to be Obama's preferred brainiac to ultimately replace Gates. But Reed feared exchanging his Senate seat for a short stint in the Pentagon if Obama loses; Hamre had made too many commitments to CSIS as part of a recent fund-raising drive; and Danzig couldn't manage the timing on the current appointment for personal reasons.

    All of this is to suggest the following: Panetta has been picked to do the dirty work of budget cuts through the remainder of the first term and nothing more. If Obama wins a second term, we may still see a technocrat of Danzig's caliber, such as current Undersecretary of Defense for Policy Michelle Flournoy, or a major-league star of the Clinton/Powell variety. But for now, the SECDEF's job is not to build diplomatic bridges, but to quietly dismantle acquisition programs. And yes, the world will pick up on that "declinist" vibe.

    Moving Gen. David Petraeus from commander of coalition forces in Afghanistan to director of the CIA has puzzled many observers, and more than a few have worried that this represents a renewed militarization of the agency. But here the truth is more prosaic: Obama simply doesn't want Petraeus as chairman of the Joint Chiefs of Staff, something conservatives have been pulling for. By shifting him to CIA, the White House neatly dead-ends his illustrious career.

    As Joint Chiefs chairman, Petraeus could have become an obstacle to Obama's plans to get us out of Afghanistan on schedule, wielding an effective political veto. He also would have presented more of a general political threat in the 2012 election, with the most plausible scenario being the vice-presidential slot for a GOP nominee looking to burnish his national security credentials. As far as candidate Obama is concerned, the Petraeus factor is much more easily managed now.

    Once the SECDEF selection process dropped down to Panetta, the White House saw a chance to kill two birds with one stone. Plus, Petraeus, with the Iraq and Afghanistan surges under his belt, is an unassailable choice for an administration that has deftly "symmetricized" Bush-Cheney's "war on terror," by fielding our special operations forces and CIA drones versus al-Qaida and its associated networks. If major military interventions are out and covert operations are in, then moving "King David" from ISAF to CIA ties off that pivot quite nicely.

    The other two major moves announced by the White House fit this general pattern of backburner-ing Afghanistan and prioritizing budget cuts. Ambassador Ryan Crocker, who partnered with Petraeus in Iraq during the surge, now takes over the same post in Afghanistan. Crocker is supremely experienced at negotiating withdrawals from delicate situations. Moving CENTCOM Deputy Commander Gen. John Allen over to replace Petraeus in Afghanistan is another comfort call: Allen likewise served with Petraeus in Iraq during the surge, when he was the key architect of the Sunni "awakening." Low-key and politically astute, Allen will be another quiet operator.

    Obama has shown by his handling to date of the NATO-led Libyan intervention that he is not to be deterred from his larger goal of dramatically reducing America's global security profile, putting it more realistically in line with the country's troubled finances. What the president has lacked so far in executing that delicate maneuver is some vision of how America plans to segue the international system from depending on America to play global policeman to policing itself.

    Our latest -- and possibly last -- "hurrah" with NATO notwithstanding, Obama has made no headway on reaching out to the world's rising powers, preferring to dream whimsically of a "world without nuclear weapons." In the most prominent case, he seems completely satisfied with letting our strategic relationship with China deteriorate dramatically while America funnels arms to all of Beijing's neighbors. And on future nuclear power Iran? Same solution.

    It's one thing to right-size America's global security profile, but quite another to prepare the global security environment for that change. Obama's recent national security selections tell us he remains firmly committed to the former and completely uninterested in the latter. That sort of "apr�s moi, le deluge" mindset may get him re-elected, but eventually either he or America will be forced into far harder international adjustments.





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  • GCBatman
    01-06 12:58 PM
    Got a red with following comment
    "hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
    I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.


    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.





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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...



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  • Macaca
    03-04 06:04 PM
    Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com/citizen-k-street, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.





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  • pappu
    08-05 09:33 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

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

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

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

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

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!
    :D:D:D:D

    If you are interested to lead this effort, you can lead a thread of jokes on the forum and lighten up everyone.



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  • mrane1
    04-07 02:45 AM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!

    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?





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  • bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.



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  • xyzgc
    12-21 01:40 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.


    The Muslim minority in India is a supporter of Pakistan and its terror actiities. Not for the most part, but a tiny fraction and that is enough to create havoc in the country. We have our internal enemies with external linkages.


    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.


    I agree with you that they should not be embarassed. They have done nothing wrong but these incidents have also created room for self-introspection. Why is it that the muslims all over the world are projected as trouble-makers? Its high time that muslim intellectuals give this question a proper consideration rather than simply sweep it under the carpet saying that we didn't do all of this/we are being attacked as minorities/it emanates from poverity and lack of education and so on.


    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results


    Well said, nobody on IV forums will advocate killing innocent Pakistanis. Many will support such precise bombings. We don't want to turn India into another terrorist nation.


    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.


    Yes the internal problems must be addressed. I agree with you. I completely condemn the attacks on innocent christians and muslims. Its sad and its embarassing for me despite the fact that I didn't have any role to play in it. But that has to be done without any discriminations.
    Uniform civil code (http://en.wikipedia.org/wiki/Uniform_Civil_Code) must be implemented. Muslim appeasement politics must be stopped by Congress party. We don't want to see any repeats of Shah Bano (http://en.wikipedia.org/wiki/Shah_Bano_case) cases. No special Shariat laws for Muslims.
    Hindus must be allowed to procure land in Kashmir, unconditionally. Kashmiri pandits who have lost everything in Kashmir must be reinstated. Article 370 (http://en.wikipedia.org/wiki/Article_370) must be abolished.


    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this


    I would not ignore Gujarat and Orissa as much as I would not ignore Godhra massacre. I agree the guilty be brought to justice and punished.
    Its difficult to do it internally and its more than difficult to do it for our external enemies.
    But it doesn't make your point invalid.





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  • manub
    07-07 10:07 PM
    There is no interview?:confused:
    We have a lawyer through my company.Since my husband`s AOS is denied we are having doubts.we are thinking of attorney murthy.we already lost what we have.this is our last chance.



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  • akred
    04-09 12:06 AM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?

    Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.





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  • masaternyc
    05-13 05:15 PM
    Its fair Too



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • damialok
    04-08 11:19 AM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.



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  • nogc_noproblem
    08-28 10:07 PM
    Married for Money:

    "It's just too hot to wear clothes today," Jack says as he stepped out of the shower. "Honey, what do you think the neighbors would think if I mowed the lawn like this?"

    "Probably that I married you for your money," she replied.





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  • panky72
    08-06 03:20 PM
    A man dies and goes to hell. There he finds that there is a different hell for each country. He goes to the German hell and asks, "What do they do here?" He told," First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the German devil comes in and beats you for the rest of the day."

    The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.

    Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"

    "Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!



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  • sundarpn
    07-13 12:05 AM
    Just curious if this is being endorsed by IV?





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  • jhegde
    08-02 03:47 PM
    .





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  • SunnySurya
    08-05 04:08 PM
    You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





    rsdang
    08-22 11:56 AM
    One hand on steering wheel, one hand out of window.

    - Sydney



    One hand on steering wheel, one hand on horn

    - Japan



    One hand on steering wheel, one hand on newspaper, foot solidly on accelerator...

    - Boston



    Both hands on steering wheel, eyes shut, both feet on brake, quivering in terror

    - New York



    Both hands in air, gesturing, both feet on accelerator, head turned to talk to someone in back seat

    - Italy



    One hand on horn,

    one hand greeting,

    one ear on cell phone,

    one ear listening to loud music,

    foot on accelerator,

    eyes on female pedestrians,

    conversation with someone in next car



    - Welcome to India!

    :D





    unitednations
    08-02 11:55 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    very good information. I just hope it isn't too late for people to put in the correct information into the forms.

    I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

    Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

    I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.


    Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.



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