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  • i_have_a_dream
    08-09 04:33 PM
    UN, thanks for the time you spend giving us your educated advice.

    I would greatly appreciate a response on my situation.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.





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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    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).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?





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  • Legal
    08-11 11:07 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.





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  • Vsach
    01-09 06:14 PM
    :confused:

    Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????


    :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes:



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  • bhatt
    06-07 02:03 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

    Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
    So don't buy the house for the sake of 8k. and Don't buy the home as an investment!





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  • funny
    09-30 01:52 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.


    Correct me if i am wrong, But, The general feeling that i am getting from this whole discussion is that, If Obama becomes the next President and if his Buddy Se. Durbin is driving the immigration issues then , Are they going to scrap all the pending Employment Based GCs, and, all the People who have already used AC21 will be in trouble, thats like starting the whole thing over again.

    I personally think that this will not be the case and the new laws will be applicable to the new applications, because, when you invoked AC21 you did it according to the law, how come you will be in trouble because of a new law.

    Its like saying , If a crime of theft is going to have a Death panelty starting 2010, then all the convicted people from past will be hanged in 2010." That somehow doesn't sound right...I would like to get opinion from other people.



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  • desi3933
    08-05 04:33 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    .....
    .....


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    Are you Rolling_Flood?

    Law is what it is. It is not what you believe is correct.





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  • Macaca
    12-21 10:00 AM
    Republican Unity Trumps Democratic Momentum (http://www.nytimes.com/2007/12/21/washington/21cong.html) By CARL HULSE and ROBERT PEAR | NY Times, Dec 21, 2007

    WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.

    What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.

    Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.

    �What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�

    Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.

    Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.

    �I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.

    As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.

    �A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.

    Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.

    As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.

    Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.

    �Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�

    As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.

    But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.

    The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.

    Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.

    On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�

    The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.

    Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.

    As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.

    �The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.

    Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.

    Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.

    �I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�

    Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.

    And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�



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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....





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  • anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.



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  • munnu77
    12-18 03:52 PM
    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades


    y are people giving me red and pouring bad languages..
    I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
    If someone feels the other way..I am sorry..





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  • Refugee_New
    01-06 12:30 PM
    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.



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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)





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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno



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  • fromnaija
    08-02 11:40 AM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.





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  • punjabi
    08-08 06:41 PM
    Oh, I loved this joke!!!!!

    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".



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  • khelanphelan
    05-24 12:11 PM
    Did the brownback amendment pass with the CIR?





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  • nogc_noproblem
    08-07 02:06 PM
    Instructions: Just read the sentence straight through quickly without really thinking about it.

    Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.

    Amazing, isn't it?





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  • sabudanawada
    04-15 02:49 PM
    Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.


    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:





    wellwishergc
    07-11 12:12 PM
    This is a very good question that even I had - Does using AC21 to change jobs lead to more scrutiny? Please advise!

    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?





    gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)