Wednesday, June 29, 2011

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  • xyzgc
    12-20 04:00 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
    Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
    (A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)

    Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.





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  • NKR
    01-06 04:12 PM
    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    What Gandhi did was right in 1947. Post late 80s, the same Gandhigiri by Indian leaders is not working now. When we are asking Pakistan to reign in terrorism and hand over terrorists, they are laughing at us. Tell me Mr Refugee new, what is your solution to this?.. Note that I am not talking in favor of Modi or anyone here but I hope better sense prevails with our Neighbor.

    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood.

    Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.

    What is happening in Palestine is bad, so was what happened in Gujarat post Godhra, what is sad is such things COULD HAVE BEEN PREVENTED if only Hamas stuck to governance and people from some community in Godhra had not got brainwashed by the neighbor.

    Human suffering is the same everywhere, we need to go behind the suffering and find out who the real culprits are. All the war lords, drug smugglers, dons, some extent army, intelligence and sponsorers of terrorism are the real culprits/benefactors, Did you know that one of the Hamas leader got killed along with his 4 wives and many children, if he is a terrorist he shouldn’t be living with his family, a terrorist has no family and no religion. What is unfortunate is that in this ill conceived game, innocents, women and children, irrespective of religion and nationalities are getting killed…

    When the world is asking Pakistan to reign in terrorism, Pakistan laughed at the world. Now, even if the whole world ask Israel to stop killing, why would they listen?.





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  • rvr_jcop
    03-26 07:21 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?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.





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  • kaisersose
    04-15 02:12 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    Per iwantmygreen you (just like me) are here to hurt his/her emotions. Apparently we get a kick out of that.



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  • mbawa2574
    03-25 11:12 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
    Dude you are missing on the tax savings part of the game. U need to take it into account. Specially if you are making 100k + . Buying a house will save you big on taxes for first couple of years since interest is tax deductible. For couple of years interest is the major part of your payment.

    Also people suggesting that this is not a great time to buy, then what would be ?There are bargains in the market. A Good investor never buys a property when prices touch the roof. U wanna buy right on the bottom. Also risk factors depends on markets and geography where u are looking. NY metro,CA (San Fran & LA), New England area are the best places to buy as job markets are diversified and markets have potential to sustain ups and downs. Property prices have tanked just 10 points and have already corrected pretty much in good neighborhoods and there is inventory sitting on the market with great deals . U cannot compare apples with oranges. Hence Detroit,Ohio etc have no comparison to these progressive markets I mentioned earlier. Also governments don't cut new lots at the same rate in these states as compared to other US markets keeping the prices more or less stable.

    On NJ- I have not seen a single Native born American liking the state. It is considered most corrupt state in the union but still pretty much rich people live in NJ including our friend Lou Dobbs :-) He curses NJ almost once in a month on his show and lives in a 300 acre farm house in the same state. So I will rather ignore the comments posted about NJ in earlier post.





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  • nojoke
    12-27 06:24 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved



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  • rockstart
    03-24 10:04 AM
    Dude ask your employer to mail it himself to USCIS. You are not asking these documents for your timepass these are requested by USCIS so forward this mail to him and ask him to respond any ways its his responsiblity to support this GC application since it is his company that is asking for green card.

    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:





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  • rbharol
    04-07 01:35 AM
    I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....

    Will Compete America and other companies accept it? no way..

    And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.



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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.





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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.



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  • file485
    07-11 11:04 AM
    you can try gands.com for H1stamping..they might be a little expensive,but if it works and you want to avoid going back home for H1b stamping trauma..its worth it...

    we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US





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  • Macaca
    12-28 07:51 PM
    Examining the Maoist Resurgence in Andhra (http://idsa.in/idsacomments/ExaminingtheMaoistResurgenceinAndhra_umukherjee_28 1210) By Uddipan Mukherjee | Institute for Defence Studies and Analyses

    If two recent events are compared, then they would ostensibly appear to be disconnected. Nevertheless, they ought to evoke considerable interest because of the actual linkage between them. The first is Swaranjit Sen, former Director General of Police (DGP) of Andhra Pradesh, is to be anointed as the vice-chancellor of the troubled Osmania University, which of late has been a hotbed of Telangana agitation. His appointment would be a historic occasion since for the first time an Indian Police Service (IPS) officer will be a vice-chancellor in the state.1 Second, the Maoists called for a bandh in the Andhra-Orissa border area on December 22. Their agenda was to protest against the killing of five of their comrades in an encounter by the elite Andhra Greyhounds personnel at Cheruvuru near Korukonda in Chintapalli mandal.2 These two events represent different facets of the Maoist movement in Andhra. And the connection is manifested when it is remembered that Sen is known in the state for his ‘hard line’ image against the Maoists.

    On one hand, Sen’s appointment shows that the police force in Andhra commands significant confidence among the political leadership. That is why an IPS officer has been entrusted with task of sorting out a trouble-torn university. For instance, media reports say that the Andhra government has, in principle, approved a suggestion by Governor Narasimhan to nominate senior Indian Administrative Service (IAS) or IPS officers to head the three strife-torn universities of Osmania, Kakatiya and Andhra.3

    On the other hand, these events also portray the fact that the Maoists are trying their best to reclaim lost territories. Hence, a more severe skirmish is in the offing in Andhra Pradesh. In fact, the Maoists have a grandiose plan to create ‘liberated zones’ in the state.4 Moreover, it is not at all unlikely that the left-wing ultras are not aiding and abetting the Telangana movement and would continue to do so in future through their frontal student and other mass organisations.

    To corroborate, quite recently, the Telangana Praja Front (TFP) was floated by Maoist sympathiser and balladeer Gaddar. Reportedly, he has demanded that the central government honour its commitment by immediately tabling a bill in parliament for the formation of Telangana.5 Gaddar’s actions, though in the garb of democracy, needs to be conceived as a covert move of the insurgents. Moreover, when some Telangana groups have already warned of a 'bloodbath' if the Sri Krishna Commission makes no recommendation for the formation of Telangana state by December 31 2010, the inherent liaison between these militant pro-Telangana groups and the Maoists simply cannot be rejected outright.

    Against this backdrop, Gaddar’s TFP, acting as an open party to subvert the democratic processes of the state, is basically what the outlawed outfit wants or rather badly needs. It is a natural tactical belief of the Maoists that overt military acts in the Andhra-Orissa border region can be effectively compounded with mass agitations around Hyderabad to weaken the existing political structures of Andhra Pradesh. Moreover, when the issue is as emotive as Telangana, the rebels do have a solid ground from which to launch their tactics.

    There is another reason to believe that the ongoing agitation for a separate Telangana state may have a Maoist ‘hand’. There are allegations of extortion against Telangana activists which seem to follow the ‘extortion regime’ of the Naxalite movement in Andhra.6 Pro-Telangana activists believe that taking donations to propel the movement forward is a reasonable step. However, Lok Satta Party president Jayaprakash Narayan asserted in the state assembly that there is heavy extortion involved in the Telangana movement. Furthermore, there have been allegations that local leaders were collecting huge amounts to the tune of Rs. 10,000 to 20,000 from businessmen, government employees, contractors and others to conduct even cultural programmes.7 This is quite interesting considering the fact that this is a standard modus-operandi of the Maoists to garner finances.

    Operating from their headquarters at Abujhmar in Chattisgarh, the Maoists are essaying into other states. Most importantly, along with the historically rebel-dominated district of Srikakulam, the districts of Vizianagram, Vishakhapatnam, East Godavari and Khammam are the disturbed areas of Andhra Pradesh. Khammam shares a long border with Chhattisgarh whereas the other districts are contiguous with Orissa.

    The Maoists are now celebrating the 10th anniversary of the founding of the People’s Liberation Guerrilla Army (PLGA) and hence have taken up a month-long recruitment drive in the states of Andhra Pradesh, Orissa, Madhya Pradesh, Maharashtra, Chattishgarh, Jharkhand, Bihar and West Bengal. Their party spokesperson Gudsa Usendi and Dandakaranya special zone military commission in-charge Sudhakar said that the 10th anniversary of the PLGA, which began on December 2, will continue till January 2, 2011. They proclaimed that during the period, revolutionary propaganda, processions, meetings and rallies would be conducted in every village.8

    The Maoists had been physically driven out from Andhra from a law and order point of view almost five to six years back. But in June 2008 at Balimela reservoir in Malkangiri district of Andhra-Orissa boarder, the elite greyhounds suffered casualties at the hands of the Maoists.9 That could be interpreted as the ‘come back’ event for the latter in Andhra. And the present surge in militancy is in sync with that. Additionally, since the Maoists are losing ground in other states, they need to regain their lost forte in their old backyard so as to have an edge in the psychological war with the Indian state.

    In addition, it is quite disturbing for the Maoists not to have a mass base in Andhra since most of their top leadership hail from the very region. Hence, they are trying to cash in on major issues to extract maximum dissatisfaction of the masses towards the political system. Telangana is one such. Along with it, it seems natural that the Maoists may focus on the issue of suicide of farmers too in the foreseeable future through their frontal organisations.

    In this regard, the porous border with Orissa is a major cause of concern for the Andhra authorities. The ultras have bases in the Malkangiri, Koraput and Rayagada districts of Orissa that adjoin the Andhra border. There are no border check posts except on the highway and main roads. Furthermore, on both sides of the border the same Kondh tribals live who provide the mass base for the ultras.

    The Andhra government might have won the first phase of the civil war with the Maoists. But the renewed violence in the area portends ominous signals for the future. A far more dangerous future situation was reflected by an opinion poll published by the Times of India on September 28 201010. According to it, a clear 58 per cent of the populace (who were polled) in the Maoist-dominant areas of Andhra Pradesh, Chhattisgarh, Madhya Pradesh, Maharashtra and Orissa said that Naxalism had actually been good for their area. In Andhra, Khammam was one of the districts where the poll was conducted. Four districts of the Telangana region – Adilabad, Nizamabad, Karimnagar, Warangal – were also chosen.

    Probably the vital aspect of ‘winning the hearts and minds’ of the people in counterinsurgency is yet to be accomplished by the Andhra authorities. And the continued failure to do so would have serious ramifications in the long run.

    “Swaranjit may be first IPS to be Osmania VC (http://www.deccanchronicle.com/hyderabad/swaranjit-may-be-first-ips-be-osmania-vc-983),” December 19, 2010,
    “Maoist bandh in AOB region tomorrow (http://timesofindia.indiatimes.com/city/hyderabad/Maoist-bandh-in-AOB-region-tomorrow/articleshow/7135743.cms),” TNN, December 21, 2010,
    “Maoist-hunter top cop to be Osmania University V-C (http://www.deccanherald.com/content/121994/maoist-hunter-top-cop-osmania.html),” December 19, 2010, DHNS,
    G. Siva, “Maoists plan janata sarkar in AOB (http://timesofindia.indiatimes.com/city/hyderabad/Maoists-plan-janata-sarkar-in-AOB/articleshow/7068037.cms),” TNN, December 9, 2010,
    “Telangana groups observe 1st anniversary of centre’s announcement (http://www.thaindian.com/newsportal/politics/telangana-groups-observe-1st-anniversary-of-centres-announcement_100471551.html),” IANS, December 8, 2010,
    “T activists following extortion line of Naxals? (http://timesofindia.indiatimes.com/city/hyderabad/T-activists-following-extortion-line-of-Naxals/articleshow/7147670.cms),” TNN, December 23, 2010,
    ibid.
    “Maoists on a major recruitment drive (http://timesofindia.indiatimes.com/city/hyderabad/Maoists-on-a-major-recruitment-drive/articleshow/7108340.cms),” TNN, December 16, 2010,
    Santosh K. Agarwal, “Maoist Insurgents Hit Back Greyhound Commandos Killing 35 (http://www.groundreport.com/Arts_and_Culture/Maoist-Hit-Back-Greyhound-Commandos-Killing-35/2864225),” Alarm Bells, July 01, 2008,
    “58% in AP say Naxalism is good, finds TOI poll (http://timesofindia.indiatimes.com//india/58-in-AP-say-Naxalism-is-good-finds-TOI-poll/articleshow/6639631.cms),” TNN, September 28, 2010,



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  • ss1026
    12-22 11:00 PM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.

    Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live





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  • riva2005
    04-08 11:43 PM
    Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.



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  • mrajatish
    07-08 10:07 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.





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  • learning01
    05-24 12:44 PM
    can you tell me why nurses and physio-therapists are brought on H1B visas, and once they are employed their GCs are applied straight away and UNDER NO quota.

    You seem to be liking one or part of Lou's argument. You are only seeing the trees. My friend, start to see the forest. The big picture of Lou.



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  • unitednations
    08-08 04:26 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.

    package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.

    Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.





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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."





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  • puddonhead
    06-05 03:53 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.


    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.





    sriwaitingforgc
    08-06 04:17 PM
    Wow, I love this thread. It gave me a good relief . Thanks to all .





    NKR
    04-08 12:46 PM
    If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
    If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
    Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money.


    Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don�t try to scare people.

    This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.

    Keeping this thread alive has become Mr Pinto�s mission, it doesn�t matter if the person who opened this thread has already made a decision and moved on...



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