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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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  • sc3
    07-13 04:10 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.





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  • Legal
    08-07 10:38 AM
    :D:D:D:D

    If you are interested to lead this effort, you can lead a thread of jokes on the forum and lighten up everyone.

    Des vs. Pardes

    1. Mother-in law:
    In Des - A women capable of making your life miserable.
    In Pardes - A women you never fight with, because where else you will find such a dedicated baby sitter for free?

    2. Husband:
    In Des - A boring human species, who listens more to his mother than you, and orders you around to serve him, his parents and siblings.
    In Pardes - Still boring, but now a useful human species that comes in handy when the house needs to be vacuumed.

    3. Friend:
    In Des - A person whose house you can drop into any time of the day or night and you'll always be welcome.
    In Pardes - A person who you have to call first to check and make sure he is not busy.

    4. Wife:
    In Des - A woman who gives you your underwear and towel when you go to take a shower.
    In Pardes - A woman who yells at you not to leave tub dirty when you go to take bath.

    5. Son:
    In Des - A teenager, who without asking will carry your grocery bags from the market.
    In Pardes - A teenager, who suddenly remembers he has lot of homework when you start mowing the lawn.

    6. Daughter:
    In Des - A lovely doll, who brings tears to your eyes when her doli is about to leave.
    In Pardes - A lovely doll, who brings you to tears long before any doli time.

    8. Father:
    In Des - A person you are afraid of, and who is never to be disobeyed.
    In Pardes - A person to whom you pretend to obey, after all he is the one paying your college tuition.

    9. Desi Engineer:
    In Des - A person with a respectable job and lots of upper ki kamai. :D
    In Pardes - A person without a secure job, who always dreams one day he will be rich.

    10. Desi Doctor:
    In Des - A respectable person with ok income.
    In Pardes - A money making machine, who has a money spending machine at home called "doctor ki biwi".

    11. Bhangra:
    In Des - A vigorous punjabi festival dance.
    In Pardes - A desi dance you do, when you don't know how to dance.

    12. Software Engineer:
    In Des - A high-tech guy, :D, always anxious to queue consulate visa line.
    In Pardes - The same hitech guy, who does Ganapati puja everyday, and says 'This is my last year in the US (or wherever)' every year.

    13. A Green Card holder bachelor:
    In Des - the guy can't speak Hindi, parents of good looking girls are dying to hook him, wears jacket in summer, says he has a BMW back there.
    In Pardes - the guy can't speak English, wears jacket all the time, works in a Candy store at Manhatta n, dreams of owning a BMW.





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  • Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.



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  • Macaca
    12-27 06:34 PM
    Scamsters dictionary (http://timesofindia.indiatimes.com/home/opinion/edit-page/Scamsters-dictionary/articleshow/7173788.cms) By Dilip Bobb | Times of India

    Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.

    The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.

    It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).

    Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.

    So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.

    For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.

    We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.

    Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.



    What we need is really techno technology (http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/what-we-need-is-really-techno-technology) By Jug Suraiya | Times of India





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  • abracadabra102
    12-27 10:46 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    LOL. and we know the kinda quality to expect :-)



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  • suavesandeep
    06-24 11:08 AM
    IMHO, It does not matter what your status in this country is. Or how much you make and all other parameters you need to consider while buying your primary residential home. If you are in the home flipping business please ignore the post.

    There is too much data out there which says housing will go down for at least another year, and will then stay flat for a long time.

    I know home is not an investment. But buying something when you know its gonna lose value just does not make sense even with all the credits + low interest rate out there. For me the most important thing is the total principal you pay to buy the home. Everything else are cheap gimmicks. Its like a car salesman saying you monthly payment for this car is only $200, but wait you will be paying this $200 for the next 10 years instead of 5. Or a Bank saying you get $50 to open an account etc. Also as others pointed out even in 2004/2005 there was enough data being floated that the housing bubble will crash, but i guess lot of people just ignored it.

    If you need a house for luxury, Go ahead and rent one for the next couple of years. Not sure why people think renting restricts them to only small apartments. I am pretty sure renting a house in today's market will be lot cheaper than buying. I am currently renting a home and very happy in it.

    Also consider that housing market is not as volatile as the stock market. So once the correction is complete it will take a long time for the appreciation curve to kick in. So timing the housing market dynamics would be different compared to the stock market.





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  • anilsal
    11-11 11:53 PM
    Totally right. Whenever anybody mentions immigration anywhere (be it in your neighborhood, streets, bus/train stations or your companies), just find out what the person understands about the immigration issue. The person will surely talk about illegal imm/amnesty.

    That is when you educate the person about legal immigration.

    There will be people like Lou, Joe Scarxxx etc who will muddle up our whole existence by associating our immigration with the ones from the southern borders.

    We have no comments on illegal immigration/amnesty.



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  • gjoe
    07-15 06:55 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.





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  • sledge_hammer
    06-08 10:44 AM
    There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners.

    Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:

    With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed

    my take is gold...solid investment in these times and a proven hedge against inflation

    goodluck guys..more later



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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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  • alterego
    07-14 01:12 PM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    "Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.

    The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.

    Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.

    The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.



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  • lfwf
    08-06 04:19 PM
    I thought you ported pascal's id :)

    :D





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  • riva2005
    05-16 06:51 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.

    Thanks for listening and responding so far.



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  • hiralal
    06-08 09:34 PM
    There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners. you are partly correct in my view ....but to buy when prices are falling is a sure shot loser ...
    even if prices are stable or lower than the rate of inflation ..you will be losing money on the cost of the house ( 300K + for many homebuyers ..since you pay interest on the cost of the house)..for home buying to be a good investment, it needs to appreciate more than the rate of inflation (that seems years away from now)

    for e.g the person above who put in almost 80K in down payment ..
    1) if that downpayment was invested in better way ..then he could easily get 10% returns (u need to do some homework though) ...that means around 600 - 700 per month.
    so his effective rent is around 1200 per month.
    2) 5 years from now, rent may still be the same (or lower) ... it depends a lot on supply and demand on rental units too
    in majority of cases, we end up buying a house further away from our work ..that means additional 300 - 400 in gas and vehicle wear/tear per month.
    add property taxes, HOA fees, extra utilities, mntc, realtor fees, termite, lawn maintenance, long term prospects of USA, immobility (additional 800 - 1500 dollars) etc etc and you can easily say that home buying / investment in real estate is not a good bet (in USA atleast).
    if you are on temporary status - then add extra $200 - 300 risk premium per month as invisible risk cost (for risks plus extra headaches )
    so home buying should be more of lifestyle choice and not an investment point of view (in countries like India, singapore it is different since demand will always be strong for a long long time).





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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.



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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...





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  • kartikiran
    06-23 05:34 PM
    vivid_bharti, living in your own space is a pleasure only if we know we are allowed to stay here permanently. As long as we all wait for our green cards, it is never a pleasure. We will be concerned about what happens to our job, related to it with our H1, 485 etc. It is never a pleasure as long as we wait for green cards. Rent or Buy, does not matter.

    Just my two cents. If you found this message useful, please join your respective state chapters, if you still have not.

    Even a tiny ant understands grassroots level approach when it builds the mass by joining each other while looking for food. Meanwhile, we are not able to join hands to get our problems resolved. IV Core is willing to provide directions, but we need to trust each other and first join hands locally to make a nationwide dent.

    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...





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  • GCnightmare
    08-02 02:55 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks





    nogc_noproblem
    08-26 08:54 PM
    Recent Quips form Late Night

    "Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno

    "Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien

    "But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman

    "Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno

    "John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien

    "Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno





    nojoke
    04-08 05:35 PM
    Apart from location, area, school district and population etc,

    If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.

    What do you guys think?

    The price may be right if it goes to 2002 level. But the way the economy is heading, I will wait for things to become more clear...
    It is not just happening in US. The housing crash started in Europe(UK in particular). It is going to be a mess and blood bath for a year or 2.



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