paskal
04-09 11:50 AM
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
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alterego
09-30 12:38 AM
Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
ocpmachine
06-23 05:20 PM
I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
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NKR
08-06 04:16 PM
Don't know how you saw that :-)
I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))
ps: Might involve a serious gender change too!
I thought you ported pascal's id :)
I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))
ps: Might involve a serious gender change too!
I thought you ported pascal's id :)
more...
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.
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.
BharatPremi
07-14 09:14 AM
Why is EB3 India unhappy?
The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.
The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?
I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.
Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.
The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.
The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?
I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.
Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.
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gapala
06-05 10:05 PM
Real estate cycles are lenghty ones.. not like stock markets which turn around in 4 to 5 years.. Real estate booms are seen once in every 15 to 18 years... This is because the sum of amount is huge and the stabilization time frame.
Based on current outlook, the prices for houses will fall until end of 2010 and will stabilize in next 5 to rise again by 2015 to 2017. This is purely based on historic pattern.. Now god kows what these crazy folks like Bernankie (15 fold increase in currency base projected in Fed Reserve BS. :D) and Gessner' (foolish tax payer investment in GM though it looks like payback to unions) interfearance will do to this country...
Some people jump guns and create demand for home to get $8000 credit... you can see now the builders are increasing prices for homes in the market... slowly.. but will not sustain into 2010.. it will fall for one important reason, supply is too much.. oh by the way.. 30% of home owners want to sell their homes in this market to avoid further fall... based on recent survey..
Based on current outlook, the prices for houses will fall until end of 2010 and will stabilize in next 5 to rise again by 2015 to 2017. This is purely based on historic pattern.. Now god kows what these crazy folks like Bernankie (15 fold increase in currency base projected in Fed Reserve BS. :D) and Gessner' (foolish tax payer investment in GM though it looks like payback to unions) interfearance will do to this country...
Some people jump guns and create demand for home to get $8000 credit... you can see now the builders are increasing prices for homes in the market... slowly.. but will not sustain into 2010.. it will fall for one important reason, supply is too much.. oh by the way.. 30% of home owners want to sell their homes in this market to avoid further fall... based on recent survey..
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paskal
07-14 04:57 PM
if people have to debate this issue, surely we can do it without needless slander and accusations?
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
more...
xyzgc
12-26 06:17 PM
Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.
Like this thread. I'm no defence strategist either but its good to read this.
Like this thread. I'm no defence strategist either but its good to read this.
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natrajs
10-01 09:30 AM
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
more...
desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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sroyc
08-06 10:34 AM
Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
more...
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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.
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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mrajatish
07-08 07:22 PM
There are a lot of protections in immigration law for us beneficiaries.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
more...
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Macaca
11-20 11:02 AM
A Call to Advocacy for Nonprofits (http://www.washingtonpost.com/wp-dyn/content/article/2007/11/19/AR2007111901333.html) By Jeffrey H. Birnbaum | Washington Post, November 20, 2007
Charities are sweet things, but Gary D. Bass wants them to get rough and tumble when it comes to dealing with government.
In his new book, "Seen But Not Heard: Strengthening Nonprofit Advocacy," Bass and three co-authors argue that charities need to lobby more often and more effectively. "Democracy would be better off," said Bass, executive director of OMB Watch, a nonprofit group that pushes for government accountability.
Most people -- and, clearly, most charities -- think of lobbyists as corporate frontmen trying to grab taxpayer largesse for themselves. They also consider lobbying kind of dirty, given the criminality of infamous lobbyists such as the now-imprisoned Jack Abramoff.
But lobbyists come in all shapes and sizes, including the charitable sort. Bass's book, which is part of a larger effort called the Strengthening Nonprofit Advocacy Project, or SNAP, is a useful reminder of that.
Bass has been trying to convince charities for years that they should not be afraid to lobby. He and others, including the Center for Lobbying in the Public Interest, have even devised ways to ease -- or at least simplify -- the limitations now imposed on charities so they can press their causes more aggressively.
That's right, they are lobbying to be allowed to lobby more.
Conservative lawmakers and a few campaign-finance scholars don't like the idea. They worry that, among other things, the ability of charities to keep their donors anonymous could lead to huge and largely untraceable infusions of cash into elections, all under the guise of lobbying.
And please, call it advocacy. Charities don't like to use the "L" word. Only a third of nonprofits polled recently owned up to "lobbying" two or more times a month. But when asked if they "advocate," closer to half admitted to that.
Many nonprofits also are unsure how much lobbying the law permits them to do. Only 72 percent even knew that they could support or oppose federal legislation. (They can, up to a point.)
Bass's biggest problem is convincing charities that they not only can make their case to government, but that they really ought to do so . In effect, he needs to convince his fellow do-gooders that lobbying is not so bad.
"Nonprofit lobbyists have been involved in nearly every major public policy accomplishment in this country -- from civil rights to environmental protection to health care," Bass said in an e-mail. "Tens of thousands of lives have been saved by passing laws that improve car safety and reduce drunk driving."
"In other words, nonprofit lobbying is an honorable tradition," he added, "and not just the ugly Abramoff side" of the profession.
Convincing charities of that, however, will not be a snap.
Charities are sweet things, but Gary D. Bass wants them to get rough and tumble when it comes to dealing with government.
In his new book, "Seen But Not Heard: Strengthening Nonprofit Advocacy," Bass and three co-authors argue that charities need to lobby more often and more effectively. "Democracy would be better off," said Bass, executive director of OMB Watch, a nonprofit group that pushes for government accountability.
Most people -- and, clearly, most charities -- think of lobbyists as corporate frontmen trying to grab taxpayer largesse for themselves. They also consider lobbying kind of dirty, given the criminality of infamous lobbyists such as the now-imprisoned Jack Abramoff.
But lobbyists come in all shapes and sizes, including the charitable sort. Bass's book, which is part of a larger effort called the Strengthening Nonprofit Advocacy Project, or SNAP, is a useful reminder of that.
Bass has been trying to convince charities for years that they should not be afraid to lobby. He and others, including the Center for Lobbying in the Public Interest, have even devised ways to ease -- or at least simplify -- the limitations now imposed on charities so they can press their causes more aggressively.
That's right, they are lobbying to be allowed to lobby more.
Conservative lawmakers and a few campaign-finance scholars don't like the idea. They worry that, among other things, the ability of charities to keep their donors anonymous could lead to huge and largely untraceable infusions of cash into elections, all under the guise of lobbying.
And please, call it advocacy. Charities don't like to use the "L" word. Only a third of nonprofits polled recently owned up to "lobbying" two or more times a month. But when asked if they "advocate," closer to half admitted to that.
Many nonprofits also are unsure how much lobbying the law permits them to do. Only 72 percent even knew that they could support or oppose federal legislation. (They can, up to a point.)
Bass's biggest problem is convincing charities that they not only can make their case to government, but that they really ought to do so . In effect, he needs to convince his fellow do-gooders that lobbying is not so bad.
"Nonprofit lobbyists have been involved in nearly every major public policy accomplishment in this country -- from civil rights to environmental protection to health care," Bass said in an e-mail. "Tens of thousands of lives have been saved by passing laws that improve car safety and reduce drunk driving."
"In other words, nonprofit lobbying is an honorable tradition," he added, "and not just the ugly Abramoff side" of the profession.
Convincing charities of that, however, will not be a snap.
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H1B-GC
02-23 10:35 AM
As the Article says,Lou Dobb defends Legal Immigration in an Interview with Newsweek which is total Crap . He Attacked H1B Program on his Daily Show and the Guest was no Doubt Kim Berry to give his Input. These things make everyone laugh at Lou Dobbs , the Lofer.
more...
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gimme_GC2006
03-23 01:12 PM
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
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file485
07-09 07:01 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
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nozerd
12-26 05:25 PM
I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.
NKR
03-25 02:32 PM
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
astral1977
07-14 01:31 PM
I guess this is the easiest way to become a Senior member. Copy paste the same "personally deduced information" in different threads. If required, create a new thread and paste it again.
Dude, refrain from doing it.....Doesn't serve the purpose of the forum.
Cheers.
Dude, refrain from doing it.....Doesn't serve the purpose of the forum.
Cheers.
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