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  • maverick_joe
    08-06 03:08 PM
    haha haha..man, cant let this thread disappear!
    bump bump!





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  • gsc999
    04-06 11:32 PM
    Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.

    Thanks for highlighting. Lets take appropriate action.





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  • axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?





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  • suavesandeep
    06-25 01:32 PM
    ValidIV,
    I guess i am old school. I like to live within my means and own things in the true sense of owning. Read a lot about leveraging and know if not used correctly you get into financial meltdown we have now.

    I know really smart people make lot of money using this leveraging model. I wish you the best and hope you own 10 homes so that you can donate some to your grandchildren also.

    I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

    Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.



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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.





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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

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

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

    I-134 affidavit of support

    All passports

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

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

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

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

    My situation; entered USA on TN back in July 1999

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

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

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

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

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

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

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

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

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

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

    He then said case is approved.

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



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  • waitnwatch
    08-06 02:05 PM
    Ha ha ha ..................

    I just got a red dot with the following comment for explaining what INA and CFR are

    "Why ar eyou after BS + 5 years exp?"

    To the person who served up that comment ........I'm not for or against anything or anyone. I am just trying to put a legal and logical basis on the discussion. I think everyone working hard in the US deserves to get their green card sooner than later. This discussion will not influence USCIS in anyway so we might as well try to hone our arguments and thrash out the logic instead of lambasting each other on a personal level. I guess all of us here are educated enough to do that.





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  • boreal
    04-08 12:17 PM
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.

    Thanks, the above quote is sealing the deal for me (NOT buying now). i am in the bay area too, was very excited to see all those Gilroy homes drop in value (sometimes more than 150K as shown in MLS listings, yeah i was prepared for the hell-commute to San jose from Gilroy just for the pleasure of giving a big house to my family...). But thanks to all the arguments and counter-arguments, i have more knowledge now and know not to burn more of my hard earned money (God knows how much i have already lost on stocks!!)



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  • Refugee_New
    01-06 12:57 PM
    And look at what India is going thru. Each and every year, bomb blasts in multiple cities.

    There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.

    I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.

    Or are you saying that they love killing people?

    If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?





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  • nojoke
    06-26 04:58 PM
    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.

    No. Speculators generally drive up the prices. What I am doing is not speculation. It is being cautious and rational(with the data I have). The one who drove up the housing price are the ones who were speculating that it will go up in price forever and created this huge bubble. You got the meaning of speculation wrong.
    Speculation is "engagement in business transactions involving considerable risk but offering the chance of large gains, esp. trading in commodities, stocks, etc., in the hope of profit from changes in the market price."
    There are people who are waiting for the house prices to come to back to sane levels. And there are people who cannot get loan even if they wish to buy. They are not speculators.



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  • unitednations
    03-24 02:27 PM
    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.

    Is it fair to say that on one side you have the people who are trying to limit immigration.

    On the other side you have people who want friendlier immigration policies. Within the friendlier immigration poliices; you have more self interest groups:

    h-1b group of self interest
    Liberia self interest groups
    lawful permanent resident spouse
    political asylum groups
    aged out groups
    universities with student visas
    unlawful interest groups
    h-2 groups
    nurses, etc.
    employment base groups.


    All of these self interest groups go to media, senators, congressment etc., with their stories and why they think they should have their demands met. My personal opinion is that if a person can stay here and legally work and wait then they are not as disadvantaged as companies/people who are waiting to get in.

    When you are going to do advocacy you need to know beyond your individual case and how you stack up across the board.





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  • americandesi
    08-06 04:29 PM
    Bihari professor
    --------------
    This is a true incident which happened in a college. A new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy
    who was creating most of the problem out. But he doesn't know how to put it in English.
    He went near the guy. Shouted "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted
    "Don't follow me" and went inside the class..........

    #Inside the Class :
    ----------------
    * Open the doors of the window. Let the atmosphere come in.
    * Open the doors of the window. Let the Air Force come in.
    * Cut an apple into two halves - take the bigger half.
    * Shhh...Quiet, boys...the principal just passed away in the corridor
    * You, meet me behind the class. ( meaning AFTER the class )..
    * Both of u three, get out of the class.
    * Close the doors of the windows please .. I have winter in my nose today...
    * Take Copper Wire of any metal especially of Silver.....
    * Take 5 cm wire of any length....

    # About his family :
    ----------------
    * I have two daughters. Both of them are girls...(?)

    # At the ground :
    -------------
    * All of you, stand in a straight circle.
    * There is no wind in the balloon.

    # To a boy, angrily :
    -----------------
    * I talk, he talk, why you middle middle talk ?

    # Giving a punishment :
    ----------
    * You, rotate the ground four times...
    * You, go and under-stand the tree...
    * You three of you, stand together separately.
    * Why are you late - say YES or NO ....(?)

    # Sir at his best :
    ------------
    Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them.
    So the next day at school... (to that boy) - " Yesterday I saw you WITH MY
    WIFE at the Cinema Theatre."



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  • EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





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  • unitednations
    03-26 02:32 AM
    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf

    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.



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  • Marphad
    12-17 01:09 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing





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  • jkays94
    10-03 12:49 PM
    Its a pity when it is obvious through numerous congressional debates who the culprits are in blocking EB friendly legislation. Here we are again with the EB recapture bill and who again is blocking it? The New York times identifies them by name and nowhere does it mention Durbin. Its thus is beyond comprehension when unfounded future claims of doom, apprehension and fear are spread without the basis and contrary to facts presently before us. Instead one needs to be more concerned about the possible reelection of the two below and several of their sidekicks:

    Jeff Sessions (R)
    Steve King (R)

    A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.

    In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)



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  • mpadapa
    09-26 11:07 AM
    Sen. Obama's proposals to invest heavily in alternative energy will spur a lot of innovation and high-skilled immigrants can be a great part of that initiative. I would rather see piece meal approach like recapture, STEM, etc rather than the CIR, but will Sen Durbin let it happen?? If CIR 2007 is brought back then EB backlogs will further increase, remember the back logs created by the 245i applicants (in 2000) we are still recovering from that. High-skilled immigrants can only be benefited by bills like recapture, STEM, country quota removal, etc.





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  • sledge_hammer
    06-26 08:41 PM
    Home size may be smaller, but the land (plot) also got smaller...

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).





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  • GCKaMaara
    12-17 02:40 PM
    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.

    I am with you. Antulay is a #1 chor. He used communal politics through out his life.





    mariner5555
    03-23 11:14 PM
    I agree he will loose his down payment or credit score in case of things going south on GC side but still he will be able to do whatever is best for his long term goals now and he will be better off in terms of equity when real estate market bounces back in 3-4 years.There are lucrative deals in the market and renting does not make any sense. There is always a risk factor and u can cover your risks accordingly. Anywaz What exactly ur going to do with Credit Score after u are kicked out from here ? So why not take risk now and play the game.
    why do you say that renting does not make any sense ?? credit score would matter if a person gets a better oppurtunity and decides to come back - screwing up yr credit is like burning a bridge. In my humble opinion real estate won't bounce back - it may limp back in majority of the areas. ofcourse housing is local ..





    Macaca
    05-02 05:38 PM
    Don't kowtow to China now (http://www.theaustralian.com.au/national-affairs/dont-kowtow-to-china-now/story-fn59niix-1226047967727) By Paul Dibb | The Australian

    PRIME Minister Julia Gillard's visit to China has confirmed important strategic priorities for Australia. She called for Australia and China to gradually increase their defence co-operation as a means to promote good relations and understanding of each other. She also talked about wanting to see increased military transparency by China.

    Defence Minister Stephen Smith says he has also made it very clear to his Chinese counterpart that Australia expects China to abide by, and conduct itself, in accordance with international norms, including the international law of the sea.

    Given China's military build-up and its more aggressive behaviour of late in the East and South China Seas, these are entirely legitimate strategic interests for Australia.

    While Gillard has made it plain that she does not support the idea of the US and its allies containing China, her strong support of the US alliance during her recent visit to Washington will not have gone unnoticed in Beijing. It was appropriate that the Australian PM first visit Japan and South Korea before going to China. The fact is that the US, Japan and South Korea are - like us - democracies and allies of America. China will never be our ally.

    None of this undermines the PM's objective of encouraging increased military co-operation and defence links. We have to understand what China intends to do with its military forces in future.

    These are non-trivial issues for Australia over the next two or three decades. Of course it is sensible policy to encourage Beijing to be a responsible emerging great power and to be closely engaged in the development of security and stability in the Asia-Pacific region.

    It is also good policy to engage China across the full range of our bilateral relationship - political, economic, defence, cultural and human rights.

    But as Beijing's power inevitably grows this suggests that in parallel with engagement we should also have a policy of hedging against a more belligerent China in future.

    The Australian defence white paper of May 2009 states that by 2030 China will be the strongest Asian military power by a considerable margin and that its military modernisation will be increasingly characterised by the development of power projection capabilities.

    As China becomes more powerful economically, it can be expected to develop more substantial military capabilities befitting its size. But, as the white paper notes, the pace, scope and structure of China's military modernisation have the potential to give its neighbours cause for concern.

    If China does not become more transparent, questions will inevitably arise about the purpose of its military development plans. Beijing is developing some quite impressive capabilities that will eventually make it more hazardous for the US and its allies to operate in China's maritime approaches with impunity. This is increasingly recognised to be the case by the US and Japan.

    In Australia, there have been some fantasies lately suggesting we should be able to develop forces capable of attacking China directly. That is dangerous and stupid. We can, however, aspire to building force elements - including submarines - that would contribute usefully to a US-led coalition force, which would include Japan and Australia.

    This is not to see China as the next inevitable enemy. Now and foreseeably it will not have the awesome military strength of the former Soviet Union. And Beijing has no experience whatsoever of prosecuting a modern war.

    China needs a basically peaceful strategic environment so that it can give priority to governing an increasingly restive population of 1.3 billion.

    China is not a country without weaknesses. We need to remember this before we conclude that China will continue to rise and rise and not experience serious hurdles.

    To take one example, the one-child policy has resulted in a rapidly ageing population.

    By 2014, China's working-age numbers will begin to decline and by 2040 some 30 per cent of China's population will be over 60 years old.

    This will inevitably have serious implications for economic growth rates, which are already predicted to decline to about 7 per cent a year compared with 10-12 per cent growth previously.

    There are many other political, economic, environmental and corruption problems facing China in the 21st century.

    We should be wary of straight line extrapolations that predict China's inevitable growth to a position of regional supremacy.

    There are other geopolitical factors at work.

    If China becomes more aggressive it will face a closing of the ranks in Asia. Already, its more confrontational stance over maritime disputes and its unquestioning support of North Korea has led Japan and South Korea to be more pro-American.

    While it is true that many countries in the region, including Australia, are increasingly dependent on China for our economic wellbeing, there is growing unease about China's military build-up and its increasingly aggressive attitude over its territorial claims.

    The fact is that China's only really close friends in Asia are North Korea, Burma and Pakistan. India will inevitably find itself uncomfortable with China's growing power and that is already the case with Vietnam. Other middle powers, such as Indonesia, will also have to take account of how a more assertive China conducts itself.

    We have two scenarios here. The first is a China that continues to focus on its economic wellbeing and which increasingly sees it in its interest to be part of building a co-operative regional security environment (what Beijing calls "a harmonious region"). The second scenario is the one we must hedge against: it involves a militarily stronger and more dangerous China.

    The jury is out on which direction China will take. It is not prudent at present to panic and to build forces supposedly capable of tearing an arm off China. Nor is it time to kowtow and acknowledge the inevitability of Chinese primacy accompanied by, as some would have it, the equally inevitable decline of a US fatally weakened by its current economic difficulties.

    Paul Dibb is emeritus professor of strategic studies at the Australian National University. In 1978, as deputy director of defence intelligence, he visited China to open up defence relations.


    Another kind of Chinese History (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3164&Itemid=206) By Mark O'Neill | Asia Sentinel



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