sexta-feira, 1 de julho de 2011

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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.




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  • axp817
    03-26 05:15 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?




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  • mpadapa
    09-26 01:14 PM
    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.

    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.




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


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

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



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  • bfadlia
    01-07 02:16 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.




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  • unitednations
    08-08 08:00 PM
    Hi Unitednations,
    I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)



    No.

    Yeah; you wre out of status for those weeks that you took unemployment.

    It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).

    It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.

    Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.



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  • alisa
    12-27 12:55 AM
    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?

    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.




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  • alterego
    07-13 10:03 AM
    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.



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  • logiclife
    11-09 02:01 PM
    I wouldnt be too upset over Lou Dobbs' irrelevant editorials.

    Its going to be crying time for Lou Dobbs and his ilk.

    That includes:

    Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.

    All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.

    And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.

    But its going to be crying time for them in 2007.

    Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.

    So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.

    Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.




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  • Macaca
    12-27 06:16 PM
    Of luxury cars and lowly tractors (http://www.thehindu.com/opinion/columns/sainath/article995828.ece) By P. SAINATH | The Hindu

    When businessmen from Aurangabad in the backward Marathwada region bought 150 Mercedes Benz luxury cars worth Rs. 65 crore at one go in October, it grabbed media attention. The top public sector bank, State Bank of India, offered the buyers loans of over Rs. 40 crore. �This,� says Devidas Tulzapurkar, president of the Aurangabad district bank employees association, �at an interest rate of 7 per cent.� A top SBI official said the bank was �proud to be part of this deal,� and would �continue to scout for similar deals in the future.�

    The value of the Mercedes deal equals the annual income of tens of thousands of rural Marathwada households. And countless farmers in Maharashtra struggle to get any loans from formal sources of credit. It took roughly a decade and tens of thousands of suicides before Indian farmers got loans at 7 per cent interest � many, in theory only. Prior to 2005, those who got any bank loans at all shelled out between 9 and 12 per cent. Several were forced to take non-agricultural loans at even higher rates of interest. Buy a Mercedes, pay 7 per cent interest. Buy a tractor, pay 12 per cent. The hallowed micro-finance institutions (MFIs) do worse. There, it's smaller sums at interest rates of between 24 and 36 per cent or higher.

    Starved of credit, peasants turned to moneylenders and other informal sources. Within 10 years from 1991, the number of Indian farm households in debt almost doubled from 26 per cent to 48.6 per cent. A crazy underestimate but an official number. Many policy-driven disasters hit farmers at the same time. Exploding input costs in the name of �market-based prices.' Crashing prices for their commercial crops, often rigged by powerful traders and corporations. Slashing of investment in agriculture. A credit squeeze as banks moved away from farm loans to fuelling upper middle class lifestyles. Within the many factors driving over two lakh farmers to suicide in 13 years, indebtedness and the credit squeeze rank high. (And MFIs are now among the squeezers).

    What remained of farm credit was hijacked. A devastating piece in The Hindu (Aug. 13) showed us how. Almost half the total �agricultural credit� in the State of Maharashtra in 2008 was disbursed not by rural banks but by urban and metro branches. Over 42 per cent of it in just Mumbai � stomping ground of large corporations rather than of small farmers.

    Even as the media celebrate our greatest car deal ever as a sign of �rural resurgence,� the subject of many media stories, comes the latest data of the National Crime Records Bureau. These show a sharp increase in farm suicides in 2009 with at least 17,368 farmers killing themselves in the year of �rural resurgence.� That's over 7 per cent higher than in 2008 and the worst numbers since 2004. This brings the total farm suicides since 1997 to 216,500. While all suicides have multiple causes, their strong concentration within regions and among cash crop farmers is an alarming and dismal trend.

    The NCRB, a wing of the Union Home Ministry, has been tracking farm suicide data since 1995. However, researchers mostly use their data from 1997 onwards. This is because the 1995 and 1996 data are incomplete. The system was new in 1995 and some big States such as Tamil Nadu and Rajasthan sent in no numbers at all that year. (In 2009, the two together saw over 1,900 farm suicides). By 1997, all States were reporting and the data are more complete.

    The NCRB data end at 2009 for now. But we can assume that 2010 has seen at least 16,000 farmers' suicides. (After all, the yearly average for the last six years is 17,104). Add this 16,000 to the total 2,16,500. Also add the incomplete 1995 and 1996 numbers � that is 24,449 suicides. This brings the 1995-2010 total to 2,56,949. Reflect on this figure a moment.

    It means over a quarter of a million Indian farmers have committed suicide since 1995. It means the largest wave of recorded suicides in human history has occurred in this country in the past 16 years. It means one-and-a-half million human beings, family members of those killing themselves, have been tormented by the tragedy. While millions more face the very problems that drove so many to suicide. It means farmers in thousands of villages have seen their neighbours take this incredibly sad way out. A way out that more and more will consider as despair grows and policies don't change. It means the heartlessness of the Indian elite is impossible to imagine, leave alone measure.

    Note that these numbers are gross underestimates to begin with. Several large groups of farmers are mostly excluded from local counts. Women, for instance. Social and other prejudice means that, most times, a woman farmer killing herself is counted as suicide � not as a farmer's suicide. Because the land is rarely in a woman's name.

    Then there is the plain fraud that some governments resort to. Maharashtra being the classic example. The government here has lied so many times that it contradicts itself thrice within a week. In May this year, for instance, three �official' estimates of farm suicides in the worst-hit Vidarbha region varied by 5,500 per cent. The lowest count being just six in four months (See �How to be an eligible suicide,� The Hindu, May 13, 2010).

    The NCRB figure for Maharashtra as a whole in 2009 is 2,872 farmers' suicides. So it remains the worst State for farm suicides for the tenth year running. The �decline' of 930 that this figure represents would be joyous if true. But no State has worked harder to falsify reality. For 13 years, the State has seen a nearly unrelenting rise. Suddenly, there's a drop of 436 and 930 in 2008 and 2009. How? For almost four years now, committees have functioned in Vidarbha's crisis districts to dismiss most suicides as �non-genuine.' What is truly frightening is the Maharashtra government's notion that fixing the numbers fixes the problem.

    Yet that problem is mounting. Perhaps the State most comparable to Maharashtra in terms of population is West Bengal. Though its population is less by a few million, it has more farmers. Both States have data for 15 years since 1995. Their farm suicide annual averages in three-five year periods starting then are revealing. Maharashtra's annual average goes up in each period. From 1,963 in the five years ending with 1999 to 3,647 by 2004. And scaling 3,858 by 2009. West Bengal's yearly average registers a gradual drop in each five-year period. From 1,454 in 1999 to 1,200 in 2004 to 1,014 by 2009. While it has more farmers, its farm suicide average for the past five years is less than a third of Maharashtra's. The latter's yearly average has almost doubled since 1999.

    The share of the Big 5 �suicide belt' States � Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh � remains close to two-thirds of all farm suicides. Sadly 18 of 28 States reported higher farm suicide numbers in 2009. In some the rise was negligible. In others, not. Tamil Nadu showed the biggest increase of all States, going from 512 in 2008 to 1060 in 2009. Karnataka clocked in second with a rise of 545. And Andhra Pradesh saw the third biggest rise � 309 more than in 2008. A few though did see a decline of some consequence in their farm suicide annual average figures for the last six years. Three � Karnataka, Kerala and West Bengal � saw their yearly average fall by over 350 in 2004-09 compared to the earlier seven years.

    Things will get worse if existing policies on agriculture don't change. Even States that have managed some decline across 13 years will be battered. Kerala, for instance, saw an annual average of 1,371 farm suicides between 1997 and 2003. From 2004-09, its annual average was 1016 � a drop of 355. Yet Kerala will suffer greatly in the near future. Its economy is the most globalised of any State. Most crops are cash crops. Any volatility in the global prices of coffee, pepper, tea, vanilla, cardamom or rubber will affect the State. Those prices are also hugely controlled at the global level by a few corporations.

    Already bludgeoned by the South Asian Free Trade Agreement (SAFTA), Kerala now has to contend with the one we've gotten into with ASEAN. And an FTA with the European Union is also in the offing. Kerala will pay the price. Even prior to 2004, the dumping of the so-called �Sri Lankan pepper� (mostly pepper from other countries brought in through Sri Lanka) ravaged the State. Now, we've created institutional frameworks for such dumping. Economist Professor K. Nagaraj, author of the biggest study of farm suicides in India, says: �The latest data show us that the agrarian crisis has not relented, not gone away.� The policies driving it have also not gone away.



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  • alterego
    04-06 09:35 AM
    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.

    The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.

    Never trust what realtors tell you, they are in it to make a sale and it is always in their interest to talk up the market. I have never yet seen/read/heard a realtor speak negatively about the market. Even if they are asked an obvious question like do you think prices have fallen in the last year they will say they have trended down a little but the foreclosure crisis is over now, and the fed is acting decisively and the demographics speak to a longer term secular uptrend bla bla blaaaaaaaaaaaaaa. Some BS to justify their talk.

    The bottom line is there will be a hangover of a few years from this unprecedented bubble in housing, it will be more severe in hotspot areas we all know about. In those areas you will likely see a 25-30% drop with about half of it already baked in, another half spread out more slowly over the next 3 yrs that that graph illustrated. Additionally the inflation rate of 3-4%(you can expect an uptick over the next 2-3 yrs) will eat away another few percentage points of your capital , while also eating away at your loan.
    The net effect is that you would be another 20% or so the worse off in these hotbed areas in the next 3-4 yrs. In more steady areas, that fall will be much more muted perhaps half or less of that. However sales will slow to a crawl with the slowing jobs market.

    The main determinants of house prices are.

    1) Inventory............a negative right now.

    2) Credit............negative but with scope for improvement in the next 12 mths.

    3) Jobs...........likely to be down for the next 6 months atleast.

    4) Salaries..................Global pressures on these will likley persist with some tax help to average americans likley if Dems. take control.

    5) Market psychology...................likely damaged for the near term atleast 12 mths.

    6) The replacement value of homes. Land is a non factor here in this country. I scoff at suggestions to the contrary. Even in cities with restrictions, this is a yawn yawn factor. Unless you are speaking about downtown manhattan it is not a factor. Construction costs on the other hand are a factor. A value of $100 per Sq Ft of constructed value is perhaps par for the course right now, that can only go up, with rising commodity prices, salaries for construction with illegals kicked out etc over time this will go up.

    7) Rental rates to home prices. This too will catch up. Folks kicked out of sub prime mortgage homes need to go somewhere. They will likley drive demand for rentals.

    All of this points to a fast then a slow correction. I think we are nearing the end of the fast phase of home price correction. 20-25% in hotbed areas and 7-12% in other areas. I think you will see a more gradual correction of a similar magnitude spread over 3-4 yrs now.

    Lets see how it all unfolds.

    Remember Every drinking binge has a hangover! The US housing market is now in one.




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  • pappu
    07-13 08:28 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.



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  • pthoko
    07-17 01:39 PM
    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?




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  • Rolling_Flood
    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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  • NKR
    08-06 04:15 PM
    That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�




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

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

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

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

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

    Very insightful.

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



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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.




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  • bkarnik
    08-11 01:59 PM
    A man met a beautiful blonde lady and decided he wanted to marry her right away.

    She said, 'But we don't know anything about each other.'

    He said, 'That's all right, we'll learn about each other as we go along.'
    So she consented, they were married, and off they went on a honeymoon at a very nice resort.

    One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.

    After a few more demonstrations, he came back and lay down on the towel.
    She said, 'That was incredible!'

    He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'

    So she got up, jumped in the pool and started doing lengths.

    After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.

    He said, 'That was incredible! Were you an Olympic endurance swimmer?'

    'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .




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  • ItIsNotFunny
    12-17 03:11 PM
    Looks like his initial intentions were not bad but discussion went on wrong direction.

    Shanti! Shanti!

    Marphad,

    In the recent past, I have expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not gone away, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to dicsuss this issue on IV fourms.

    Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.

    I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.

    Peace.


    .




    ilwaiting
    06-01 01:31 PM
    I bet these guys do NOT know the facts more than the Congress. I bet Congress might have done lot more research into this immigration issue and its impact in all aspects than these news channels anchor's.

    But I guess it time that these channels get the facts straight or no conservative would believe them!!!



    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.




    krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee



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