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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.

    Not a legal advice.

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  • HawaldarNaik
    09-27 07:50 PM
    Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?

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  • lfwf
    08-05 02:37 PM
    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.

    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.

    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.

    I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?

    I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.

    So let me come to the point, question for OP. Are you against all porting? Or only against porting based on lack of qualifications for an EB2 job originally- then porting 5 years later based on the additional experience alone?

    BTW I resent the insinuation that 1% of EB2s are genuine. The same can be said of many many EB3s- remember the qualifications required are much lower.
    I also resent the idea that all US Masters folks are just "rich kids". Most people work through the degree and/or take loans. Please don't start making needless statements. If you had a masters originally and your job qualified as EB2 but your company refused- I feel for you, I really do. There should be a solution to your problem. That does not mean that those who did get EB2 were all suddenly not "genuine".

    Also I want to clarify something- this is purely objective now. Yes GC is for a "future job" but folks are over reaching with some of the arguments. In order to get an EB2 (or EB3) for this "future job- you either have to show current employment with the sponsor OR show the job offer qualifying for that category at the time you apply. The "future job" cannot be a nebulous idea that you make concrete at a later time.

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  • nojoke
    05-03 09:38 PM
    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..

    What are you talking about? I said to buy house when it is cheaper. If interest rates go up, then the house price will sure come down. If I buy low, I will be able to sell without a loss. I said it is better to buy a house cheaper at higher interest rate than paying 1/2 million at a lower interest rate. Got it?

    So Manhattan prices are rising and it is ok to buy else where? You are kidding.
    Yes real estate is localized. But this time it not if you area is falling down in price, but it is by how much. Some areas fall more than others. The prices will continue to fall in 99% of the place. Please stop quoting Manhattan. How many here live in Manhattan?

    Oh, predicting in this economy is easy. The housing will crash. No question about that. Only question is by how much. The lying liars(NAR) has just said that there is going to be a correction of 24% this year for california. If they are saying this, then you know it will go down by more than 40%.

    Did you watch today's program in CNN(housing meltdown). They said that this is a ponzi scheme. It is unsustainable. It is bound to fall.

    You seem to be living in your own dream world. Stop denying the fact. Go look around and read news. Just hoping for prices not falling is not going to stop the crash.

    I am not trying to talk about selling before buying. I am telling you to buy at a lower price so that you don't loose when you are forced to sell. Even otherwise it is always a good idea to buy low. Don't you look for bargain for your clothing. You don't sell them, but you still try to get at a good price. If you are doing this for buying clothes, why are you guys so eager to throw your money away when it comes to housing.:confused:

    Before throwing the sarcasm at others, learn about the economy and where we are in housing and where it is heading. You are just playing 'I don't hear any bad news, I don't see bad la la la and everything is wonderful'. Look into all the links I posted and tell me why you are confident that house prices won't fall.


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  • sanju
    12-17 05:34 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".

    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.

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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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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get Officer seemed satisified but asked few other related questions..and it is good for now..


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  • sc3
    07-13 04:10 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.


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  • Dandruff
    03-25 11:58 AM
    Heres what we did, the key is to find a lot/ house that will sell ASAP:

    a) Paid a little bit premium for a quickly selling house - in our case we paid extra for a lakefront lot.

    b) Paid a little bit less on House itself (new construction - so we selected a less expensive floorplan)

    c) combined House + Lot is still in the lower end of the subdivision range.

    d) you should aim for the cheapest house in the most expensive community/ subdivision you can afford - on the other side, never buy the house which is more expensive than others around it ... u want other houses to increase ur value and not the other way around.

    e) keep good paperwork for regular pest / termite treatments etc. just like it helps in selling the car

    f) pay a bit extra for extra insulation - even upgrade insulation for garage door

    If we have to sell the house in a rush, we have atleast done everything one could ... rest is umm beyond our hands with all this unpredictability :)

    best of luck! nesting instincts need to be nurtured imho! and is very human ...

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  • dixie
    02-02 05:47 PM
    Bottom line is : if you are in the US > 183 days an year, you pay tax period. IRS doesnt care about visa status.Social security and medicare is a different issue, and certain visa categories are exempt from it.


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  • unitednations
    03-24 03:23 PM

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

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  • texcan
    08-05 01:43 PM
    Agree with you...
    Also let me share a story ....

    Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.

    These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).

    The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.

    Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.

    An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.


    Thanks for giving me ear, and thought to my points.

    Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.

    We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.

    Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.

    Thanks SunnySurya.


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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

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  • sledge_hammer
    06-26 04:55 PM
    FYI - Historical Census of Housing Tables - Home Values (

    If you work based on the historic values of price and rent appreciation - it should not make any difference.

    How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.

    With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.

    The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.

    >> People are not going to sell. They will just say put rather than take a 40% loss.

    Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.


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  • unitednations
    07-10 12:50 PM
    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.

    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

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  • unitednations
    07-09 04:41 PM
    Ah!! I see.....I do have the same i94 number on both the I-94s

    desi is correct...

    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.


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    01-06 02:36 PM
    I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.

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  • adusumilli
    08-06 07:38 AM
    see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.

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  • paskal
    07-14 04:57 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

    Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

    Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

    Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

    This shows nature,when own kind dont respect others neither will outsider.

    07-19 02:40 PM
    I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?

    Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.

    01-09 10:21 PM
    sunnysurya Hate Converting EB3 To EB2.

    A supporter of terrorism left a red dot with this message:
    "if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

    My very simple reply to that person.

    I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

    Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.

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