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  • Blessing&Lifeisbeautiful
    08-08 05:48 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    bump





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  • rbalaji5
    07-13 02:03 PM
    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.

    What you said is correct.?.

    EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.

    Can you give preference to 12th Standard guy instead of Engineering guy.

    I agree with Pappu

    Each employment based categories are for different levels.

    Wakeup EB2s..





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  • ampudhukode
    08-08 09:06 PM
    Dear Staff,

    Due to the current financial situation Management has
    decided to implement a scheme to put workers of 40
    years of age on early retirement. This scheme will be
    known as RAPE (Retire Aged People Early).

    Persons selected to be RAPED can apply to management
    to be eligible for the SHAFT scheme (Special Help
    After Forced Termination) . Persons who have been
    RAPED and SHAFTED will be reviewed under the SCREW
    scheme (Scheme Covering Retired Early Workers).
    Person may be RAPED once, SHAFTED twice and SCREWED as
    many times as Management deems appropriate.

    Persons who have been RAPED can only get AIDS
    (Additional Income for Dependants or Spouse) or HERPES
    (Half Earnings for Retired Personnel Early
    Severance).

    Obviously persons who have AIDS or HERPES will not be
    SHAFTED or SCREWED any further by management. Persons
    staying on will receive as much SHIT (Special High
    Intensity Training) as possible. Management has
    always prided itself on the amount of SHIT it gives
    employees. Should you feel that you do not receive
    enough SHIT, please bring to the attention of your
    Supervisor. They have been trained to give you all
    the SHIT you can handle.

    Sincerely,
    The Management





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

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



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  • nojoke
    04-14 11:57 AM
    Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.

    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    No body can predict what the dollar value is going to be. So just spend all the money in the bank and enjoy your life while you can. No body can predict death for that matter. :confused: Just eat all you can and don't worry about your health. You need to have fun in life after all. Now what is wrong with my logic?
    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.





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  • pitha
    09-26 06:49 PM
    You are not a citizen, you are not even a green card holder, you and I are H1, and whatever i said is from an h1 point of view. Dont think like a citizen or green card holder, think like a H1b and you will realize obama will roast us. with mccain it might be 4 more years of bush nothing good for eb but definetely nothing bad. The reason behind this thread is not to discuss socialism or capitalism in the general sense but through the lense of eb folks. Once we agree that obama\durbin CIR would spell dooom for us we can decide either
    1. We contribute to IV and put one last fight
    2. pack our bags and leave or
    3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.

    This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.



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  • nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.





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  • anandrajesh
    03-23 11:11 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.



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  • Marphad
    12-27 08:44 AM
    I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

    Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

    So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
    (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.




    I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
    I don't think a bomb blast with the same number of casualties would have had this much impact.
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.





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  • Beemar
    12-27 03:25 PM
    Pakistan is increasing behaving like a psychopath who is suicidal and homicidal at the same time. Terror attacks like Mumbai are really a desperate cry for help. You know, like, stop me or I will do this again! Stop me before I hurt myself!

    It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..

    The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.



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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance





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  • mrajatish
    07-08 07:22 PM
    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.

    Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.

    It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.

    My earnest prayers with you - please find a good lawyer to represent your case.



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  • rahulpaper
    03-24 06:29 PM
    We may be missing the issue by this infighting (which is not useful to anyone)

    I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.

    In my understanding following are the type of employees....

    a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).

    b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)

    c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).

    d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.

    I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...

    Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL

    My 2 cents...





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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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  • qplearn
    11-15 11:09 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html

    Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)





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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?



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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...





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  • dealsnet
    01-07 05:16 PM
    All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,

    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.





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  • rockstart
    07-14 10:43 AM
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).





    bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.





    dixie
    08-13 01:17 AM
    He said that average productivity of an american is greater than the productivity of 3-4 Asians and then went on to ask, why is then corporate american sending jobs outside of united states?.


    How the hell did he arrive at that figure ? the whole trouble with lou is he fabricates "research" such as the above statement with absolutely nothing to back it up. So much for the Harvard educated economist in him.



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