Friday, July 1, 2011

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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

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  • unitednations
    08-01 10:48 PM
    UN, can you please reply? Thanks!

    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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  • nogc_noproblem
    08-05 12:51 PM
    A blonde was mowing her lawn when she accidentally cut off the tail of her cat...

    which was hiding in the grass. She rushed her, along with the tail to the local Walmart.

    Why Walmart???

    Walmart is the largest retailer in the world!

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  • xyzgc
    01-06 03:19 PM
    Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.

    Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Nope, we hate innocent civilians being killed. Your point also seems valid. Don't know whether the attack was targeted towards civilians or not. I am hoping not.
    Having said that, Hamas must stop terrorism. If India reacts like Israel there is good chance innocents may get killed in Pakistan. There is always some collateral damage.


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  • kuhelica2000
    12-28 03:35 PM
    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

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

    As someone who comes from an army family and who has been trained as a reserve, I want to assure you guys who think that an Indo-Pak war will linger; that it will not. It will take Indian army 15-20 days to reach Islamabad if the full force is deployed and the army is in charge of the war and not our politicians.
    Pak has nukes, but their delivery mechanism is not sound and before Pak launches any nukes, US will disarm them and even if a few are launched India had a very good anti missile shield which will intercept and destroy all warheads before it enters Indian air.
    Now to actual strategies that India should follow-
    1. The civilian government in Pak is not at fault, previously they were responsible for terrorist attacks on India but now they are suffering at the hands of a monster of their own making. Terrorism and ISI.
    2. India should use air and missile power to strike out and wipe out a 500km radius around each terrorist camps while offering an olive branch to the Pak govt. What this does is it will kill with certainty all terrorists and will also wipe out surrounding villages.
    3. These are casualties of war and are a necessary evil, it will strike fear in the hearts of villagers and when ever a terrorist camp is set up; the surrounding villagers will chase them out in fear of India's wrath.
    4. India should send RAW analysts to assassinate all rouge ISI officers, if needed Mossad of Israel can help India.
    5. Finally the only way to deal with the problem of Pakistan longtime is to either socially cleanse Pakistan for the civilian government and bring in more modernism or carve out pakistan into several independent states. This is a long term goal which has to be thought about.

    If anyone is interested I can post the actual army strengths of India and Pak, its an interesting statistic and I am sure the Pak government knows about it in more detail than me. And it beats me that in spite of knowing the facts they are doing all this war posing. Just a tit bit from it, Indian army (only) is 1.3mil + 450K (reserves) strong. The combined Pak armed forces are 450K active + 500K reserves. India outnumbers Pak in almost every aspect 1:5 on an average. We have fought 4 wars and India has won all 4 times, why should the 5th time be any different? Lets finish this and move on, we have to become an economic superpower and we cannot be bothered by such trivial things like terrorism and pakistan. Lets take terror to the terrorists, like the song from the Hindi movie Arjun goes
    " Dushman ko yeh dikadho dushmani hai kya...":cool:

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

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

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


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  • vdlrao
    07-13 09:48 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

    Hi Pani, people like you could change the system. You have done really a nice job.

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  • Macaca
    03-04 07:32 PM

    American Immigration Law Foundation (AILF (
    World Policy Institute (WPI (
    National Foundation for American Policy (NFAP (
    Economic Policy Institute (EPI (


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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.

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  • redcard
    03-24 03:01 PM

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.


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  • easygoer
    01-06 03:36 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?

    Refugee Now

    I can understand your pain and agree with you that killing of innocent should stop immediately.

    However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.

    People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.

    These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.

    My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.

    But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.

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  • akkakarla
    07-15 11:28 AM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    You cannot make a definite conclusion that everyone come through Body Shops and Stay on Bench etc. There are many who came to do Masters and got good jobs on H1B. Because of few rare incidents you cannot generalise that everyone do the same. We Indians(atleast the indians I know) never felt that way of American economy will go to hell blah blah if we are not there. Maybe you feel that way then it shows your arrogance. We need to be careful not to dig grave by ourselves by posting or quoting rare incidents because Immigration Opposing people frequently visit these forums and take them as "Quote: An Indian Posted like this on that forum"


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  • humdesi
    07-08 07:47 PM
    Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .


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  • rajarao
    10-01 12:12 AM
    Day after day it seems light for faith in the system seems to be fading away.
    Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's ( update sympathising with USCIS. Thats non-sense.

    USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.

    When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.

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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    US Permanent Resident since 2002


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  • nojoke
    06-26 04:35 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.

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  • Pagal
    06-20 07:29 AM

    Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:

    1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
    3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
    4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option

    Just my 2 cents... :)

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  • alisa
    12-30 01:05 AM
    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    08-06 01:26 AM
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.

    04-17 07:31 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.
    I agree cannot be used as the main point. but everywhere (even here) .money (or economic issues in this case) talks.
    also, when you use current issues to link to the immi cause then there is a better chance of selling it.
    for eg - during Y2K ..nobody complained when immigrants were flocking here.
    when dot com was at height - clinton was easily able to sign the H1 cap increase bill.
    the issue today is housing ..but I agree many legal immigrants have brought (though I guess 60 - 70 % have not) ..and if the numbers were twice or thrice and there was unity ..then it would have been different.
    if you see the prev link about foreclosures ...say in a sub division - the average house rate is 400K. one of them goes in FC lists it for 250K the same sub div - if 3 genuine sellers want to sell and compete - then they have to bring down their prices to maybe 300K ..and hence all the house values in that Sub Division effectively comes down even 1 house buyer matters. In the end this issue will mostly be solved by increased demand ..and sizeable amt of that demand will come from immigrants.

    and if you see and analyze this link - the market will be swamped by foreclosures.

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