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Monday, July 11, 2011

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  • copsmart
    09-26 07:49 PM
    I am a big supporter of Obama and I really want to see him as the next president, but this message about the EB issues are really shocking to me.

    Obama as promised will cut outsourcing and create more jobs here in US, which in turn will create more demand in the job market.
    Moreover, I strongly believe that Obama has mentioned the EB backlog issue in one of the debates. So, we can expect some good thinks from his government.

    I am not sure how much the Durbin guy is going to influence in any of his decisions?
    But in general, I think the country will be in a better shape if Obama is elected as a president.

    Let�s hope for the best.

    BTW, don�t you guys think the Left party support the EB immigration compared to Right? Zoe Lofgren for instance.





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  • manub
    07-07 07:45 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.





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  • sidchhikara
    04-06 10:24 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
    what are you saying? The above post is totally incoherent





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  • axp817
    03-26 05:50 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?

    I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.

    Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?

    sorry, I don't mean to drag this topic on forever.

    thanks,



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  • sweet23guyin
    08-05 11:51 AM
    There are burning issues like recapture of un used visas which has little momentum after a lot of lobbying....remember this is just to implement the existing law.
    Now you are talking about not allowing EB3 folks to EB2. Come on...the process is not a child play. There is a reasons why this whole process is in place....





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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.



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  • mariner5555
    04-14 02:23 PM
    Hi

    I am moving to Atlanta (Meritta) soon. I got new job there.

    I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.

    Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?

    What is the trend of house price in atlanta area?

    Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.

    Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.

    Also please give links where I can see more info regarding atlanta housing, shcools transport etc.

    thanks
    I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
    do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious





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  • rsdang
    08-11 05:19 PM
    If you don't laugh at the end of reading this then there's something wrong with you... Just imagine sitting in traffic on your way to work
    and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
    prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
    contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
    their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
    particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
    yet. Anyway, here's how it all went down:


    DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?

    Contestant: (laughing) Yes, I have.

    DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.

    Contestant: Brian.

    DJ: Brian, are you married or what?

    Brian: Yes.

    DJ: Yes? Does that mean you're married or you're what?

    Brian: (laughing nervously) Yes, I am married.

    DJ: Thank you. Now, what is your wife's name? First only please.

    Brian: Sarah.

    DJ: Is Sarah at work, Brian?

    Brian: She is gonna kill me.



    DJ: Stay with me here, Brian! Is she at work?


    Brian: (laughing) Yes, she's at work.

    DJ: Okay, first question - when was the last time you had sex?

    Brian: She is gonna kill me.

    DJ: Brian! Stay with me here!


    Brian: About 8 o'clock this morning.

    DJ: Atta boy, Brian.

    Brian: (laughing sheepishly) Well...

    DJ: Question #2 - How long did it last?

    Brian: About 10 minutes.

    DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.

    Brian: Yeah, that trip sure would be nice.

    DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?

    Brian: (laughing hard) I, ummm, I, well...

    DJ: This sounds good, Brian. Where was it at?

    Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...

    DJ: Uh huh...

    Brian: .and the Mother-In-Law was in the shower at the time.

    DJ: Atta boy, Brian.

    Brian: On the kitchen table.

    DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
    work number and call her up. You listen to this.


    (3 minutes of commercials follow)


    DJ: Okay audience, let's call Sarah, shall we?


    (touch tones... ringing...)


    Clerk: Kinkos.

    DJ: Hey, is Sarah around there somewhere?

    Clerk: This is she.

    DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.

    Sarah: (laughing) A couple of hours?

    DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
    MateMatch?

    Sarah: No.

    DJ: Good!

    Brian: (laughing)

    Sarah: (laughing) Brian, what the hell are you up to?

    Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.

    DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
    Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?

    Sarah: (laughing) Yes.

    DJ: Alright. When did you last have sex, Sarah?

    Sarah: Oh God, Brian....uh, this morning before Brian went to work.

    DJ: What time?

    Sarah: Around 8 this morning.


    DJ: Very good. Next question. How long did it last?

    Sarah: 12, 15 minutes maybe.

    DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
    from a trip to Florida. Are you ready?

    Sarah: (laughing) Yes.

    DJ: Where did you have it?

    Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?

    Brian: Just tell him, honey.

    DJ: What is bothering you so much, Sarah?

    Sarah: Well, it's just that my mom is! vacationing with us and...

    DJ: Come on Sarah... where did you have it?

    Sarah: In the butt...

    (long pause)

    DJ: Folks, we need to take a station break



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  • snathan
    01-06 09:18 PM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm

    Their ideology is kill th kafir (non-beleivers). thats where all the problems started.





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  • texanmom
    09-27 05:21 PM
    After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!

    We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!

    Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???



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  • snathan
    01-07 09:24 PM
    My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.

    Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.

    Why they innocent civilian elect Hamas and support them...so they are paying the price what they chose..





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  • bondgoli007
    01-06 05:34 PM
    My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.

    Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
    :-) your argument or your feeble attempt at it is quite pathetic.

    No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.

    If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....

    I will concede one point to you...you do know the meaning of hate...and you know it well..

    Peace be with you...if it can.



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  • rockstart
    07-15 08:04 AM
    Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"





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  • ghost
    07-15 01:29 PM
    Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.

    Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.

    Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.



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  • sanju
    04-07 01:54 PM
    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html

    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.





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  • nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.



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  • pitha
    10-06 01:57 PM
    Fareed Zakaria has a program called GPS on CNN. Last week he went to singapore and interviewed a security\economic analyst from india, singapore and China. The analyst said something which was 100% acurate and something very semilar to what is happenning on this forum, He said India in its heart wants Obama to win but thinking with its head (logically) they want Mccain to win. He said Obama would be a disaster to India. He went on to read a laundry list of things in which Obama would be bad for India and one of the things that he cited would be bad for India under Obama was EB immigration for Indians and Chinese. Even analysts from India, China and singapore recognize what a disaster Obama would be for Eb immigrants and we here are still hoping for a obama win. Anyway, You and I (EB imigrants) hoping will not make any difference but atleast wake up to the impending disaster in the form of Obama\Durbin and start planning for it.

    I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.

    Source: http://www.rediff.com/news/2008/oct/03ndeal.htm





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  • nk2006
    09-30 03:38 PM
    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.

    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.





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  • skd
    12-29 03:10 PM
    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
    Cheers!
    .

    funny





    gcisadawg
    12-22 06:23 PM
    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

    Dude, if you havent heard about it, it is already happening.
    http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/

    One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.





    rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR



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