Monday, July 4, 2011

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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?





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  • nojoke
    06-26 04:58 PM
    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.

    No. Speculators generally drive up the prices. What I am doing is not speculation. It is being cautious and rational(with the data I have). The one who drove up the housing price are the ones who were speculating that it will go up in price forever and created this huge bubble. You got the meaning of speculation wrong.
    Speculation is "engagement in business transactions involving considerable risk but offering the chance of large gains, esp. trading in commodities, stocks, etc., in the hope of profit from changes in the market price."
    There are people who are waiting for the house prices to come to back to sane levels. And there are people who cannot get loan even if they wish to buy. They are not speculators.





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  • nojoke
    04-12 03:03 PM
    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news





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  • nojoke
    09-28 12:59 AM
    mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
    I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
    but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
    I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
    but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.

    hmm.
    needless war is strong on security
    9/11 happened on bush's watch and it is clinton's fault.

    Republican philosopy of less regulation is not the cause of reckless lending?
    You will get more tax break under Obama's plan than McCain's. Google.
    You watch FOX news?



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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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  • niklshah
    01-07 10:35 AM
    Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.

    U.N. 'sure' no militants at school hit by Israeli troops

    http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html

    Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.


    oh every one saw your link u sent, did u see CNN when they were showing mumbai killings.. Palestine and Israel are fighting for land and occupation but what was fault of people in mumbai??? think hard man if this war needs to be stopped it has to be stopped from all the sides u cant blame single community or nation for this..........



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  • pappu
    07-13 11:37 AM
    My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
    When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
    I guess they will find some other way to mess up.

    IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.





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  • pd_recapturing
    04-15 02:39 PM
    Mariner555 is right. When I was buying a house, my friend also bought a house at the same time. he bought a big brand new single family and I bought a smaller old townhouse (2004 built). His house did cost hom around 200k more than mine. Now, after 5 months, when I asked him, how is life, he lamented that whole of his income goes towards the mortgage and nothing left for other activities. In my opinion, one shud buy house when he/she can save enough to enjoy other aspects of life after paying the mortgage. I have seen ppl cursing their decision to buy house because of the mortgage. I do not think that its anything to do with housing market.
    And finally believe me, living in your own house is a great feeling so go for it...:)



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  • richshi
    05-24 09:58 AM
    Lou dobbs is pure anti-immigrants. he has never been an advocate of legal immigrants, he is against H-1B. Now he mentions legal immigrants only to defy the illegals. He is a bad person.





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  • Macaca
    12-20 08:47 AM
    Resolve To End Hyper-Partisanship (http://www.realclearpolitics.com/articles/2007/12/resolve_to_end_hyperpartisansh.html) By Mort Kondracke | Roll Call, December 20, 2007

    Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.

    Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.

    Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.

    If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.

    It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.

    Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."

    Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.

    More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.

    Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.

    Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.

    "Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."

    Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.

    But he observes that Democrats are catching up in hyperpartisanship, flogged on by MoveOn.org and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.

    Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."

    But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.

    He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.

    But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.

    "Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.

    "But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.

    Think about it over Christmas.



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  • nk2006
    09-30 03:38 PM
    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.

    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.





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  • Michigan123
    12-29 12:59 PM
    "The great Athenian historian Thucydides, writing almost 2500 years ago, concluded that one reason a nation goes to war is a perception of waning power: act now because the future looks worse than the present. The scale of the assault on Gaza suggests that the Olmert government is validating Thucydides' analysis: embarking on the end game to crush Hamas before it gets stronger, and Israel's position gets weaker. As Thucydides also observed, though, nations taking this gamble tend to be poor judges of what the consequences will be."


    I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
    by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....

    Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
    " Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "

    so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
    They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"

    Well read Bible and other books and you will able to judge .....

    So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
    Please note that Jews killed Jesus. This fact do not go well with conservative

    War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...


    At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..


    At end GOD SAVE AMERICA.



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  • mirage
    08-05 07:34 AM
    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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  • Beemar
    12-26 10:56 PM
    Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.



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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).





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  • EB3IFiasco
    08-05 10:41 PM
    We'll have to just make sure we file an amicus on behalf of the USCIS if a case like this goes forward...



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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.





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  • kc_p21
    01-07 05:32 PM
    Refugee_New:

    I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.

    If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.





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  • gotgc?
    12-17 10:46 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....





    kaisersose
    04-14 12:00 PM
    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
    Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.

    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.





    mirage
    08-06 09:28 AM
    Rolling floods,
    What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...



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