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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.





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  • kaisersose
    04-15 02:12 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    Per iwantmygreen you (just like me) are here to hurt his/her emotions. Apparently we get a kick out of that.





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  • coolest_me
    08-07 01:52 PM
    :D:D:D Loving this thread :D:D:D

    -My Attempt .. One liners


    If you can stay calm, while all around you is chaos...then you probably haven't completely understood the seriousness of the situation.

    Doing a job RIGHT the first time gets the job done. Doing the job WRONG fourteen times gives you job security.

    Eagles may soar, but weasels don't get sucked into jet engines.

    Artificial Intelligence is no match for Natural Stupidity.

    A person who smiles in the face of adversity probably has a scapegoat.

    Plagiarism saves time.

    If at first you don't succeed, try management.

    Never put off until tomorrow what you can avoid altogether.

    TEAMWORK...means never having to take all the blame yourself.

    Rome did not create a great empire by having meetings, they did it by killing all those who opposed them.

    The beatings will continue until morale improves.

    Never! underestimate the power of very stupid people in large groups.

    We waste time so you don't have to.

    Hang in there, retirement is only thirty years away!

    Go the extra mile. It makes your boss look like an incompetent slacker.

    A snooze button is a poor substitute for no alarm clock at all.

    When the going gets tough, the tough take a coffee break.

    INDECISION is the key to FLEXIBILITY.

    Succeed in spite of management.

    Aim Low, Reach Your Goals, Avoid Disappointment.





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  • neoneo
    04-08 01:06 AM
    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.



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  • Refugee_New
    01-07 03:54 PM
    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
    peace.

    bfadlia, i sent you a PM. Respond me when you have time.





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  • chanduv23
    04-13 01:40 PM
    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.

    From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.

    In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.

    Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.

    As long as you declare income and pay taxes, this is not a grey area.

    Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.



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  • ImmInd
    08-05 10:59 AM
    My Friend 'Rolling_Flood':

    Please remember that EB2 is better than EB3. As someone mentioned, people always want to move up in all activities (work, life, anything).

    And, please remember what will happen if you (iff you are in EB2 now) fall down due to some issues in EB2 case documents or filing, etc ? You may start with EB3 again and we will not tell you at that time saying ' you are EB3 guy and low skilled category'. We still feel bad for you.

    I have Masters, more then 5 yrs exp (at that time of filing) and EB2 Title - but, my employer has some restrictions which limits them to not file in EB2. I ended up in EB3 :)

    I do not intend to attack - but, we are trying to just explain... Again, I am not affended !!! Please read and think before you post something like this...





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  • meg_z
    08-03 01:43 PM
    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?



    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.



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  • mbartosik
    04-09 01:50 AM
    I cannot remember what FHA is. If it is what I'm guessing, then my income would have been too high anyway. Basically the broker found something that I liked, in the end I paid less than most US citizens pay, but that was because I took an 5 ARM and was happy for it to adjust where as most take a 30 year fixed. I worked the mortgage system to my advantage, more to do with personal finance than immigration status.

    My basic points are be knowledgeable in the mortgage technical details, and a broker should be able to find you something good assuming you have good credit and deposit. Only put people with SSN on mortgage. If you use the seller's realtor (after agreeing price terms etc) to find mortgage (if they are licensed, and legal in your state) then they may work double hard because they lose double if it don't work, but be aware of the conflict of interest, understand all technical details, and make deposits if any contingent on something you like (not just mortgage acceptance -- otherwise you could be 'accepted' for at a 10% APR). You are the boss not them. Since you may be more vulnerable to job prospects, factor that into the about of debt you are prepared to accept -- all personal finance more than immigration.

    You might also like to consider independently getting a valuation and inspection of the property, paid for by you directly, not via mortgage application. I am more bothered in conflict of interest there. But in my case I knew mortgage finance inside out after my research, but knew less about home inspections and valuations.

    My experience is that finance industry here knows little about GC, H1, AOS, etc. they care about credit score, SSN, deposit, employment/salary verification, state ID (maybe), and their commission. Do not handicap yourself.





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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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  • mariner5555
    03-24 12:01 AM
    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD. well the experience that I gave above was as good as I could since it was told to me in person. it all depends on yr long term horizon .....do u think u will be in NJ for a long time ? if yes and if u are getting a good deal, then house makes sense - price of house would always go up by the cost of inflation + 1 percent (except during bubble burst ..like now) - and I guess RE in NJ will always be in demand ..but u would know better.
    house is definitely better in many many respects --
    if u don't see it as an investment -- then why not ..take the plunge !!
    The only problem that I have (in my case) is GC !! and the fact that prices went up by average of 10% during last 4 - 5 years - which is craziness (And as we know now - a bubble). I for one am not a sucker who wants to pay high for an asset than it is actually worth..in most areas in US atleast --land is plenty and time it takes to build infrastructure is less . demand is low and will be low -- and I don't think of renting as throwing money (did extensive research on the same) - as of now I am happy as I have lot more time on hand , commutes are shorter and the money that I save - I am investing aggresively in stocks etc. here is a latest article about home prices - I guess bottom in 2009 feb ?
    ----------
    Even as sales have plunged, more supply has come on the market, from home builders, foreclosed homes, and from owners who need or want to sell. It'll take a year at least to work off the excess supply, which is driving prices lower.
    Falling home prices could be keeping some buyers on the sidelines, waiting for a better deal. But prices have already fallen significantly, which means more potential buyers can find an affordable house.
    The two major home price indexes will be released on Tuesday by Standard & Poor's and the Office of Federal Housing Enterprise Oversight. S&P's Case-Shiller index will probably see a decline of 11% in the 12 months ending in January, down from 9% through December, according to economists at UBS.
    Futures markets predict home prices will fall another 14% by next February, UBS said.

    ----------





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  • GCmuddu_H1BVaddu
    01-03 09:57 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?



    What apology?
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.



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  • mrajatish
    04-09 12:08 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





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  • hiralal
    06-07 09:50 PM
    I definitely agree with the post above :). ..here is another article ..not the best bit vague but still good ..it came in just now on cnbc
    note the line marked in red ..it still depends on economy ...but predictions are that US economy may stagnate plus tight immi ..and you can see what will happen in future
    http://www.cnbc.com/id/31151346

    --------------------
    Home prices in the United States have been falling for nearly three years, and the decline may well continue for some time.

    AP

    Even the federal government has projected price decreases through 2010. As a baseline, the stress tests recently performed on big banks included a total fall in housing prices of 41 percent from 2006 through 2010. Their “more adverse” forecast projected a drop of 48 percent — suggesting that important housing ratios, like price to rent, and price to construction cost — would fall to their lowest levels in 20 years.

    Such long, steady housing price declines seem to defy both common sense and the traditional laws of economics, which assume that people act rationally and that markets are efficient. Why would a sensible person watch the value of his home fall for years, only to sell for a big loss? Why not sell early in the cycle? If people acted as the efficient-market theory says they should, prices would come down right away, not gradually over years, and these cycles would be much shorter.

    But something is definitely different about real estate. Long declines do happen with some regularity. And despite the uptick last week in pending home sales and recent improvement in consumer confidence, we still appear to be in a continuing price decline.

    There are many historical examples. After the bursting of the Japanese housing bubble in 1991, land prices in Japan’s major cities fell every single year for 15 consecutive years.

    Why does this happen? One could easily believe that people are a little slower to sell their homes than, say, their stocks. But years slower?

    Several factors can explain the snail-like behavior of the real estate market. An important one is that sales of existing homes are mainly by people who are planning to buy other homes. So even if sellers think that home prices are in decline, most have no reason to hurry because they are not really leaving the market.

    Furthermore, few homeowners consider exiting the housing market for purely speculative reasons. First, many owners don’t have a speculator’s sense of urgency. And they don’t like shifting from being owners to renters, a process entailing lifestyle changes that can take years to effect.

    Among couples sharing a house, for example, any decision to sell and switch to a rental requires the assent of both partners. Even growing children, who may resent being shifted to another school district and placed in a rental apartment, are likely to have some veto power.

    In fact, most decisions to exit the market in favor of renting are not market-timing moves. Instead, they reflect the growing pressures of economic necessity. This may involve foreclosure or just difficulty paying bills, or gradual changes in opinion about how to live in an economic downturn.

    This dynamic helps to explain why, at a time of high unemployment, declines in home prices may be long-lasting and predictable.

    Imagine a young couple now renting an apartment. A few years ago, they were toying with the idea of buying a house, but seeing unemployment all around them and the turmoil in the housing market, they have changed their thinking: they have decided to remain renters. They may not revisit that decision for some years. It is settled in their minds for now.

    On the other hand, an elderly couple who during the boom were holding out against selling their home and moving to a continuing-care retirement community have decided that it’s finally the time to do so. It may take them a year or two to sort through a lifetime of belongings and prepare for the move, but they may never revisit their decision again.

    As a result, we will have a seller and no buyer, and there will be that much less demand relative to supply — and one more reason that prices may continue to fall, or stagnate, in 2010 or 2011.

    All of these people could be made to change their plans if a sharp improvement in the economy got their attention. The young couple could change their minds and decide to buy next year, and the elderly couple could decide to further postpone their selling. That would leave us with a buyer and no seller, providing an upward kick to the market price.

    For this reason, not all economists agree that home price declines are really predictable. Ray Fair, my colleague at Yale, for one, warns that any trend up or down may suddenly be reversed if there is an economic “regime change” — a shift big enough to make people change their thinking.

    But market changes that big don’t occur every day. And when they do, there is a coordination problem: people won’t all change their views about homeownership at once. Some will focus on recent price declines, which may seem to belie any improvement in the economy, reinforcing negative attitudes about the housing market.

    Even if there is a quick end to the recession, the housing market’s poor performance may linger. After the last home price boom, which ended about the time of the 1990-91 recession, home prices did not start moving upward, even incrementally, until 1997.



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  • Suva
    01-09 01:47 PM
    Civilians will die in any war. It's a fact. In this case Hamas started the fight by firing rockets for a week. Who was affected? Some civilians in Israel died due to this rocket firing. So this is natural that any country will give a strong reply against these rocket attacks. It's very sad that kids are getting killed due to this fight. But It is hamas faults not Israel. Didn't Hamas know that Israel would attack due to their rocket attacks. Didn't hamas know that they are hiding behind civilians and they would be bombarded by Israelis as a result of this some of the civilians would die. So before blaming Israel you should first blame Hamas.

    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.





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  • qasleuth
    03-31 10:29 PM
    did u mean to say 2007 or 2009 on your receipt and notice dates?


    sorry...:eek: 2007



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  • bfadlia
    01-07 02:16 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.





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  • funny
    09-30 01:52 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.


    Correct me if i am wrong, But, The general feeling that i am getting from this whole discussion is that, If Obama becomes the next President and if his Buddy Se. Durbin is driving the immigration issues then , Are they going to scrap all the pending Employment Based GCs, and, all the People who have already used AC21 will be in trouble, thats like starting the whole thing over again.

    I personally think that this will not be the case and the new laws will be applicable to the new applications, because, when you invoked AC21 you did it according to the law, how come you will be in trouble because of a new law.

    Its like saying , If a crime of theft is going to have a Death panelty starting 2010, then all the convicted people from past will be hanged in 2010." That somehow doesn't sound right...I would like to get opinion from other people.





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  • nogc_noproblem
    08-06 06:46 PM
    A lawyer was on his deathbed in his bedroom, and he called to his wife.

    She rushed in and said, "What is it, honey?"

    He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.

    The wife was curious, so she asked, "What are you doing, honey?"

    He shouted "I'm looking for loopholes!"





    virtual55
    08-05 02:21 PM
    Admins,

    why are you not closing this thread





    zxcvb
    07-17 11:05 PM
    Does any one knows the answer to this?

    Thanks



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