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Wednesday, July 13, 2011

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  • unseenguy
    06-20 04:10 PM
    Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D

    I would agree if rent = monthly payment, then buying would make sense. On the west coast ca/or/wa, the rent where i live is 1500 (2b 2b), however; when I buy a house , I want a 4br so that I am in for rest of my life. Those houses are 550K, with monthly payment of 2700 usd per month. Does not make sense to go for it at the moment





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  • lfwf
    08-06 03:38 PM
    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.

    You repeatedly insist on looking at things that way. No one is from heaven and no one is precluding Bs+5 from applying for EB2. They should, why not?
    The question is only: Is it fair for them to get that entire 5 years in their PD as a jump on those who filed EB2 after an advanced degree. That's it. Nothing more or less than that. Please don't read needless nonsense into this. I have no interest in inferior, superior, holier, more genuine etc.
    Nor am i bashing experience and all that. the question simply whether the advantage for going from EB3 to Eb2 should be magnified by allowing the old PD to be ported with it. This kind of situation puts people like me (7 years of education! multiple degrees...) at a serious disadvantage. We would potentially have to wait for every single EB3 that came to the US >5 years ago (even well after we came) to get their GC before ever standing a chance.
    Because they would all be BS+5....and we can't match their PDs. And we have waited as long or more.





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  • number30
    03-26 06:09 PM
    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?

    No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.





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  • xyzgc
    12-26 01:04 PM
    India is already at war with the terrorist state of Pakistan! Just that we never realize it and try to talk about peace all the time...you can see what Pakis have done to curb terrorism! Are the peace talks working? Did they ever work?

    Mark my words, there are going to many more attacks in the future, disrupting Indian business and economy...killing innocent civilians...is that anything short of a war?

    If India leaders don't take any concrete steps to put a lid on this, they are the greatest fools on this planet.



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  • SunnySurya
    08-05 03:17 PM
    Don't remember exactly, I can look into the wording of the law but I think
    post bachelor 5 year experience for EB2 is a law and not Memo.
    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?





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  • kumarc123
    09-26 09:20 AM
    Hello there,
    I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.

    But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.

    Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
    Thanks



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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.





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  • rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk



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  • diptam
    08-05 04:37 PM
    I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.





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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......



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


    desi is correct...



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

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

    This is where the problem occurs:

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

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

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

    Bottom line: your last action generally overrules your stay.





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  • abhisam
    07-26 04:01 PM
    UN,

    A quick question for you. So far, I havent found anything wrong with my I-485 application.

    My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.

    Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.

    Thanks,
    abhisam



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  • sanjaymk
    08-05 05:34 PM
    no joke list is complete without little johnny's joke..here is one. This is the only decent one that I found which will not get me into trouble here..

    Little Johnny's teacher asks, "George Washington not only chopped down his father's Cherry tree, but also admitted doing it. Do any of you know why his father didn't punish him?"

    Little Johnny replies, "Because George was the one holding the axe?





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  • waitnwatch
    06-01 09:16 AM
    jkays

    my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.

    Even then, in his previous avatar, wasn't Lou licking the boots of the corporates! How come he has gone off in a diametrically opposite direction.



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  • waitnwatch
    05-24 10:38 PM
    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R

    you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.





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  • delax
    07-13 07:56 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!



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  • Marphad
    12-18 01:45 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.





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  • amsgc
    08-08 11:44 PM
    .





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  • nk2006
    09-29 05:10 PM
    Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.

    I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.

    The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.





    vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.





    h1techSlave
    04-17 03:33 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.

    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..



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