Friday, July 8, 2011

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  • rimzhim
    02-23 08:52 AM
    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
    i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.





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  • bklog_sufferer
    09-30 04:23 PM
    I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.

    If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.





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  • gapala
    12-18 01:00 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    How is that they are justified killing innocent public who is not even aware or connected to any of the problems that you have mentioned in your post?

    This is that age old argument and justification for terrorism... Oppressed/suppressed etc... we heard it enough. There is no place on planet earth where muslims enjoy freedom like in India. Reservation in premier education institutions/jobs. subsidized loans for housing etc. They are the only group who even have government (tax payers) funded flights to Macca every year. Still they resort to killing innocent public who are no way connected to the problems that you mentioned in the post. They are not even aware of these problems. (Wrong but easy targets).

    How could you justify these crazy folks?

    They intimidate people everywhere Asia/Europe and revolt against the civic society and institutions, reject the constitution demanding to allow them to follow Sharia and not the constitution. They forget that they are in that country by their own free CHOICE. They are not forced to stay there right?. They were from places where sharia is followed, they moved, due to what ever reason to civic societies and now they would NOT follow the constitution, where is the oppression here? Its their choice. They just create mental barrier for themself in the name of perverted belief system and reject civic society to look different. Its rediculous.

    Again not all the folks in that group support them, but the irony is that folks who are in at the peak of that group have this perverted belief and straight forward folks / good folks keeps mum. Due to fear?





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  • akred
    04-08 08:02 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -

    1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.

    2. Prohibition of consulting due to prohibition of outplacement.

    3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.



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  • xyzgc
    12-28 04:05 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.

    The war was won in two weeks. Americans have traditionally poured billions of dollars in rebuilding nations that they have destroyed. What was unexpected was the insurgencies and the sectarian violence, which Iraqis themselves are guilty of. The war went horribly wrong because of the atrocious cost of the war and the drain on the failing economy. Saddam was an evil dictator and the fact that there is so much insurgency is a clear indication that Iraq was the hotbed of terror.
    That is why its taking longer than expected.

    If you want to debate on Hiroshima and Nagasaki, read the kind of savages the Japanese were. Read about comfort women. http://en.wikipedia.org/wiki/Comfort_women. It will make you really uncomfortable. Worse, till date the Japs are unapologetic saying there is no credible proof that this ever existed. Also, read about Bangladesh war http://en.wikipedia.org/wiki/Bangladesh_Liberation_War where 200k women were repeatedly raped giving birth to thousands of war babies, who were exported to orphanages in Europe and America.





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  • unitednations
    08-08 04:24 PM
    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

    check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.



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  • gimme_GC2006
    03-27 03:47 PM
    AO? Adjudicating officer?

    Good luck, keep us posted.

    Yes..

    Thank you :D





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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.



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  • akred
    06-20 12:22 PM
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill

    Yes, but you do not have to buy it within the US.





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  • alisa
    12-27 02:09 AM
    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger.
    I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
    I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
    But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
    I don't know who all controls the nukes. The army is certainly one part of it.



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  • ArkBird
    01-09 11:48 PM
    bondgoli007, i'm glad we have some common ground.. i am sure my posts expressed that I despise intentional attacks on civilians.. i was disgusted hearing about the mumbai attacked and expressed that in its thread, although the guys there converted it into attack-islam thread
    having said that, i am still amazed the people starting history at the point hamas fired rockets and israel retaliated.. this is a more than 60 year struggle, with palestinians driven out of their homes and israeli settlements built over its rubble and tens of UN resolutions ordering israel to let the palestinians back and end the occupation but these just swept under the carpet based on israel's allies veto power.. point is hamas is resisting the wrong way by targeting civilians, but people resisting occupation will always happen regardless of how violently they are retaliated against

    Again I beg to differ. Britishers gave land to Israel, Egypt and Jordan. Why should only Israel be responsible? Where will they go? Why not Egypt and Jordan? Secondly, I have children and I am also terrified by the pictures of brutal massacre but think about this. If those who want to kill my children is hiding among women and children what choices do I have? be "civil" and let them kill our children or attack and kill them?





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  • xyzgc
    12-30 12:25 AM
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......

    The British colonized the world using advanced weaponry, superior discipline, organized chain of commands within the forces, isolationist tactics, ground battle strategies and naval warfare.

    They came in as East India company traders, fought several battles and eventually defeated several Indian Kings to establish themselves as colonial masters.

    It is, therefore, naive to say that wars are won without firing a bullet.
    If non-violence could stop wars, India would not been colonized by the imperialists to begin with.

    Had Indians had gone up in united and organized arms revolt against the British, the British would not have lasted five years in India.



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  • chandlerguy98
    09-26 12:39 PM
    I know CIR was not very friendly.I do not beleive the CIR that comes up next year would be the same exact CIR as 2007. Because we have had varied versions of CIR from 05,06&07. I believe the CIR 09 will be much more friendly to us.even look at CIR 2007, sec 502,503, it increases EB quota to 450K and increases per country cap and Also has provisions for visa re capture. Also i dont think CIR 2009 will be written by Durbin. CIR 07 was mainly written by Kennedy not Durbin. I know Durbin hates H1&EB but i believe he is a minority opnion in a majority of democrats. so dont loose hope..Also what Obama during last CIR was an election ploy..We know mccain in his heart is friendly towards immigrants, but to win republicans he is showing he is tough on immigration. The same way with obama, to please labor unions, he put a show during CIR 07. I personally feel none of this matters when they become presidents, they will govern with majority opinion. I dont think majority opinion hates EB&GC. Heck dubya was against nation building when he ran for president and now he stuck with rebuilding irag for years to come.





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  • krishna.ahd
    08-26 09:19 AM
    What men say and what they actually mean . . .

    • "I'M GOING FISHING" Means: "I'm going to drink myself dangerously stupid, and stand by a stream with a stick in my hand, while the fish swim by in complete safety."
    • "YES, DEAR..." Means: Absolutely nothing. It's a conditioned response.
    • "IT WOULD TAKE TOO LONG TO EXPLAIN" Means: "I have no idea how it works."
    • "TAKE A BREAK HONEY, YOU'RE WORKING TOO HARD". Means: "I can't hear the game over the vacuum cleaner."
    • "THAT'S INTERESTING, DEAR." Means: "Are you still talking?"
    • "I WAS JUST THINKING ABOUT YOU, AND GOT YOU THESE ROSES". Means: "The girl selling them on the corner was a real babe."
    • "WHAT DID I DO THIS TIME?" Means: "What did you catch me at?"
    • "I HEARD YOU." Means: "I haven't the foggiest clue what you just said, and am hoping desperately that I can fake it well enough so that you don't spend the next 3 days yelling at me."
    • "YOU KNOW I COULD NEVER LOVE ANYONE ELSE." Means: "I am used to the way you yell at me, and realize it could be worse."
    • "YOU LOOK TERRIFIC." Means: "Please don't try on one more outfit, I'm starving."
    • "WE SHARE THE HOUSEWORK." Means: "I make the messes, she cleans them up."
    Just want to add one more

    "Thats a good question" - Means i have no clue or have no answer for that question.



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  • rajnag21
    07-19 02:38 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers





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  • cygent
    06-25 08:17 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.

    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.



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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.





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  • unitednations
    07-08 05:49 PM
    .

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


    In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

    Chennai and california service center are pretty much standard in what they look for and request.

    I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

    I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

    Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.





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  • ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.





    unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.


    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.





    unitednations
    07-19 04:14 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers


    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.



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