Wednesday, July 6, 2011

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  • Beemar
    12-27 01:19 PM
    LOL. and we know the kinda quality to expect :-)

    Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)





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  • alterego
    07-14 05:19 PM
    I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.


    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.

    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.





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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.





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  • unseenguy
    06-26 05:26 PM
    Here is my strategy:

    Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.

    1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
    2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
    3) Use large downpayment to lower your monthly payment.
    4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.

    Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.



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  • NKR
    08-06 03:48 PM
    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    Are you pascal with a different ID by any chance? :), I don�t know, I thought I saw pascal id above the previous post before the id changed to Ifwf





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  • file485
    07-11 08:03 AM
    pthoko..

    wait for UN's reply..

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..



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  • ncrtpMay2004
    08-05 10:57 AM
    I am reminded of the crab joke.
    Wish it was joke.

    :o





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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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  • unitednations
    08-08 04:33 PM
    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?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

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

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

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

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

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





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  • lfwf
    08-05 06:49 PM
    I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.

    Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.

    Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.

    I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.



    I believe you missed the entire point.
    YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit?
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?

    I'll answer for you since you refuse to be objective.

    The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.


    I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.



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  • jhegde
    08-02 03:47 PM
    .





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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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  • unseenguy
    06-26 05:07 PM
    Again where are you getting that 550K value for a house from . The houses that were 500K two years back are now 400 - 450K ( exclude the extremes ). Why the HOA - can't the house be a single family home like most of US .

    Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?

    Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.

    pandeyji, please dont jump to conclusion. The "kind" of house I want to live in is 550K now. I dont know how much was it 2 years back. I live in Seattle, where prices started to fall only late last year and this year when MSFT , Boeing and Starbucks announced layoffs.

    I agree that there are some places now such as : NC, SC, FL, MI , OH, TX, MN etc are good places to buy. CA , OR, NV, AZ and WA have vast supply of inventories.

    When I say I am expecting 20% correction, I am not speculating in blind. I have seen the data on zillow.com where they tell you last price the house was sold for, the date and current price. Zillow also tells you what is their estimate you should offer in current market conditions and how much correction, upward or downward have they seen in last 3 months.

    Now for eg: I see houses from 1999 where they sold for 250-300 K and owners of the same property now expect 550-600K in 2009.

    Now if I do a rent vs buy, I must offer this guy 400K-420K (max) for it to be profitable for me in 5-7 years against the current rent. Also majority of the houses have HOAs here in WA metro areas. Some are high and some are low.

    Again if I have any realistic chance for this guy to take my offer in good faith, he must bring down the cost to 450K. Then 400-420K is a doable deal.

    If the seller is serious, there is no reason why he will not accept a 420K offer because there is abundant oversupply in the market. He can hold out for 2 years but a distressed or needful seller will have to sell home for that price because he might get only 1-2 offers in a month or few months.

    Even in my own community, people are expecting 350 K for a condo with 280 HOA, do you think, I can offer them 270K? Only then the rent/buy will make sense for me in next 5 years (and to be honest I dont plan to live in a town home for 30 years).

    I have given you enough numbers, do the math, lets not bring emotional sentiment into this.





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  • coopheal
    07-15 07:16 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.



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  • vdlrao
    07-14 01:03 PM
    I presume EB2 India will be current by next October. Till now for EB2 India there are only 1/3 of 7% of 140K visas which are 3,266. Due to the new change of horizontal fall outs EB2 India exclusively getting about 32k visas, very little share to china. So this change making an availability of about 30k aditional visas to EB2 India along with regular 3,266. So total About 32K visas for EB2 India. This includes unused Family Visa Numbers as well. So from now on EB2 India getting almost 10 times more visas.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.





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  • WantGCQuick
    06-08 10:11 AM
    I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
    and these homes are closely built compared to the ones in suwanee area..

    The homes prices never came down in these areas!!



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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.





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  • satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?


    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...


    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.





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  • NKR
    04-14 04:21 PM
    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.

    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.





    coolest_me
    12-26 05:40 PM
    Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.




    Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.





    nk2006
    10-07 11:40 AM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
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