Saturday, July 2, 2011

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  • sanju
    01-06 04:13 PM
    Slow down chief, not so fast.

    There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.

    If you go by how may people were affected, I'll say Palestine has a population of how much, say less than 5 million, but it has the world attention for over 50% of the entire world affairs coverage. For world affairs coverage its Palestine v/s rest of the world, but it seems according to you thats not enough. Why should Palestine or for that matter Israel be so important that it should get so much coverage or attention. All the religions AND HENCE THE VIOLENCE were created there. That's why its best to ignore that place so that twisted minds will not get motivation to fight anymore. But my point is, Isreal Palestine issue already gets more than adequate coverage, more so than rawanda, somalia, sudan, terror attacks in India etc. So based on this I don't think its NECESSARY to give Isreal Palestine any more attention.

    But if you apply the second measure, which is how many people care about the issue, well in that case a lot more people here care about the attacks in India and a war between India and Pakistan. For that matter a lot more people on this forum are affected by attacks in Mumbai. If you go to some Palestine forum, maybe you can get more people wanting to discuss their views about Isreal there. But by law of inclination, since there more people on this site from India, you will see more people wanting to discuss about how they and their loved once are affected. If you want to discuss about paleastine, well, go right ahead, no one will respond to you because people are not interested. I am only responding to your rants and not your issue.

    Loss of human life, WHICH IS OFTEN DUE TO SOME TWISTED RELIGION, is always very saddening. This is the core belief of every peace loving society and is not coming out in response to yuor rants. Infact, rants such as yours simple make a few people to tone down their expression of sorrow for the loss of human life.

    There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community. The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.

    I don't follow any religion. For me nation of my nationality (which could change in future) is above all forms of religions. When I will take US citizenship, my loyalties will be with the nation where my children are born and with the nation where I will become a citizen by CHOICE. Religion has nothing to do my relationship, my responsibilities and my rights in the country I BELONG. I am not saying that this is the right kind of behavior, but the pattern of behavior which is excepted as reasonable by most rationale minds. However, for you, you have to pick up a side in any issue based on the religion of the terrorist or the victims of any situation. You have no regard for the country of your birth or citizenship. Maybe not for you, but I see that as a problem.

    I am a peace loving person and denounce every form of violence SPECIALLY THE ONE CAUSED DUE TO RELIGION. But that is not because of your rants, that's just the way I think normal humans behave. Although I must add that its not my issue as much as Mumbai attacks because Palestine is not in my backyard and I don't have the bandwidth to pay attention to Palestine even if I wanted.

    Hope that's good enought for the day.





    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?




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  • unitednations
    03-25 02:53 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.




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  • delax
    07-13 05:17 PM
    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.

    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.




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  • number30
    03-26 06:09 PM
    What ended up happening? Did he refile?

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

    No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.



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  • gc28262
    06-07 02:58 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.




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  • DSJ
    05-17 10:48 AM
    Come on man, stop eating disk space. I agree you are next successor to Bill Gate.

    Behave like a high skilled person. ......



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  • chanduv23
    09-29 11:00 AM
    Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

    Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

    Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

    Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

    Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

    Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.

    In my opinion, Sen Durbin's stance on EB immigrants would be the cause of concern and like we all know Sen Durbin will make calls on these issues if Sen. Obama becomes the President. Lets see how it unfolds.




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  • dealsnet
    09-29 01:35 PM
    SEE THE 1999 ARTICLE IN NY TIMES.
    Bush get the blame for every thing in the world.


    Fannie Mae Eases Credit To Aid Mortgage Lending

    http://query.nytimes.com/gst/fullpage.html?res=9C0DE7DB153EF933A0575AC0A96F9582 60&sec=&spon=&pagewanted=1

    NYT said:
    Fannie Mae, the nation's biggest underwriter of home mortgages, has been under increasing pressure from the Clinton Administration to expand mortgage loans among low and moderate income people and felt pressure from stock holders to maintain its phenomenal growth in profits.



    NYT said:
    In moving, even tentatively, into this new area of lending, Fannie Mae is taking on significantly more risk, which may not pose any difficulties during flush economic times. But the government-subsidized corporation may run into trouble in an economic downturn, prompting a government rescue similar to that of the savings and loan industry in the 1980's.



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  • pani_6
    07-14 06:37 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!


    I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
    as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
    what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
    maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information




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  • Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.



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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.




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  • jonty_11
    07-13 11:28 PM
    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
    always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..

    i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.



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  • DallasBlue
    07-10 01:37 AM
    simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.

    HATS OFF!!!!!

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.




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  • rajnag21
    07-19 05:13 PM
    UN,
    Does that mean that I should maybe wait a month more to see if my h1 extension approval notice arrives else just premium process it, since the I94 expired in april 2007.



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  • h1techSlave
    04-15 02:57 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home.




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  • unseenguy
    06-26 05:26 PM
    Here is my strategy:

    Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.

    1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
    2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
    3) Use large downpayment to lower your monthly payment.
    4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.

    Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.



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  • abcdgc
    12-27 01:08 AM
    Indian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.

    Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.




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  • dartkid31
    05-24 11:18 AM
    He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.


    Very true. And if anyone is still not convinced, check out this doozy:

    http://www.alternet.org/blogs/peek/36625/

    All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.




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  • Marphad
    12-18 01:22 PM
    I think all this can be summarized as "Live and Let Live". Terrorists and direct and indirect supporters of terrorists don't understand this.

    And what do bible say about people who do not believe in bible. How can the creator who created everything,

    ......

    Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.

    .




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    08-05 02:10 PM
    When a physician remarked on a new patient's extraordinarily ruddy complexion...

    ... he said, "High blood pressure, Doc. It comes from my family."

    "Your mother's side or your father's?" I asked.

    "Neither," he replied. "It's from my wife's family."

    "Oh, come now," I said. "How could your wife's family give you high blood pressure?"

    He sighed. "You oughta meet 'em sometime, Doc!"




    validIV
    06-25 02:37 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.



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