Wednesday, July 13, 2011

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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?





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  • pointlesswait
    08-05 11:09 AM
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)







    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.





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  • lfwf
    08-06 02:54 PM
    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting

    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!



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  • vinabath
    03-25 04:40 PM
    BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month.

    If you make money using Biggerpockets... send me $100.:D





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  • mbawa2574
    03-25 11:18 PM
    www.ushomeauction.com

    U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.



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  • gcisadawg
    12-27 01:44 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg





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  • unitednations
    08-02 10:35 PM
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.


    I haven't read the memo in a long time. You would need to research it.

    It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.



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  • alterego
    12-27 11:23 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    I think much of India understands this perspective. India is generally a very secular and tolerant country. However this is something that has been going on for many years now. The worlds patience is wearing thin. Terrorism should invoke a ZERO TOLERANCE response from all states towards "non-state actors" acting within their territories. More promises, seldom achieve anything tangible is unacceptable. Given the past track record of Pakistan on such issues, India and the world has decided to keep up the pressure this time, and not a moment too soon. Innocents get killed and harmed and unnecessary harm is inflicted on a nations psyche and internal diverse harmony with such events.

    Zardari has no real power in Pakistan. The military has a mind of its own there and are not there to serve the civilian adminstration. That is the problem.
    The world cannot be expected to wait for 15-20 yrs and suffer through these sorts of attacks, while Pakistan decides if they want to "dismantle their jihadi infrastructure".

    The pressure will continue on Pakistan and they will have to demonstrate more action to the world. Of course war will not be good for either country, arguably worse for Pakistan, however even absent war Pakistan could end up losing if they fail to act. The country will not thrive under this pressure and economic uncertainty and isolation, the economy already on the brink will collapse and the people will face unnecessary hardships, ala North Korea. The choice is up to Pakistan. We all hope Pakistan chooses rationally.
    We would all love to see a thriving, prosperous and terrorism free Pakistan, rather than one controlled by a military strong man(ala Zia Ul Haq) and begging/manipulating the sugar daddy of the day be it the USA or China at the time.
    Pakistanis need to figure out what they want for their future.





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  • Macaca
    12-21 09:53 AM
    Despite �High Note,� Bush Scolds Congress as Wasteful (http://www.nytimes.com/2007/12/21/washington/21bush.html?_r=1&adxnnl=1&oref=slogin&adxnnlx=1198249370-yXwz0kW/+W6bJYa4zIwlqA) By STEVEN LEE MYERS | NY Times, Dec 21, 2007

    WASHINGTON � Having beaten back most of the Democrats� legislative initiatives, President Bush chided Congress on Thursday for wasteful spending and announced that his budget director would seek ways to reverse some of the thousands of spending projects attached to a huge spending bill.

    Mr. Bush said he and the Congress had ended the year �on a high note,� welcoming a new energy bill, provisions to help people struggling to refinance mortgages, a deferral of the alternative minimum tax that could have affected millions of middle-class taxpayers and an agreement on a $555 billion spending plan that avoided new taxes.

    But reflecting the partisan divides that overshadowed those accomplishments, he promptly criticized Congress, citing a sluggish pace of work, refusal to adopt other pieces of legislation important to the White House and its affection for pet spending projects known as earmarks.

    �The omnibus bill was approved at the last minute, nearly three months after the end of the fiscal year,� Mr. Bush said, returning to a near-constant theme of accusing the Democrats who control Congress of fiscal irresponsibility. �When Congress wastes so much time and leaves its work to the final days before Christmas, it is not a responsible way to run this government.�

    The flurry of activity virtually ending the first session of the 110th Congress left many issues unresolved, setting the stage for new confrontations when Congress returns after the holidays. They include expanding a federal health care program for children, extending legislation allowing intelligence agencies to monitor communications and approving more spending for the wars in Iraq and Afghanistan. Congress has so far agreed to $70 billion of the $196 billion the White House has requested in emergency spending for the wars.

    Mr. Bush offered no indication that he would be any more compromising with the Democrats.

    �Next year is an election year, but that does not relieve us of our responsibility to carry out the people�s business,� he said. �The American people did not elect us to govern in odd years and campaign in even years.�

    For Mr. Bush and the White House, who began the year facing Democratic majorities in Congress, the mood near the end of the session was almost ebullient. After shoring up wavering support for Iraq from Republicans in the summer, the White House managed to keep the party united, defeating Democratic initiatives, even if failing to win Mr. Bush�s own proposals, most prominently changes in immigration laws.

    �On taxes, and national security issues generally, Republicans are in lockstep,� the White House director of legislative affairs, Candi Wolff, said in an interview, describing the president�s ability to hold his party. �We could hold the House on most votes at 146, and therefore had the veto-sustaining strength to say that bad legislation can�t get through.�

    At his news conference, Mr. Bush said that the budget director, James A. Nussle, would review 9,800 earmarks in the last spending bill, along with 2,100 more attached to a military spending bill passed earlier.

    Mr. Nussle�s spokesman, Sean M. Kevelighan, said the administration could seek to cut or redirect some spending projects approved by Congress.

    �There are potential options available,� Mr. Kevelighan said, adding that it was too soon to say what, if any, spending projects could be eliminated or changed.

    Frustrated Democrats accused the president of hypocrisy for attacking them after years of increasing spending under a Republican-controlled Congress. They responded by saying the earmarks in current spending bill were far more transparent � and so less wasteful � than those passed by Republican majorities during Mr. Bush�s presidency.

    �Nobody said we were going to end them,� Representative Rahm Emanuel of Illinois, chairman of the House Democratic Caucus, said in a telephone interview in which he boasted of two of his own earmarks for schools and the police in his district. �We said you�d know who put them in.�



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  • prince_waiting
    08-05 11:03 AM
    1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.


    2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.


    3. Marriage: It's an agreement in which a man loses his bachelor degree
    and a woman gains her master


    4. Divorce: Future tense of marriage


    5. Lecture: An art of transferring information from the notes of the
    lecturer to the notes of the students without passing through "the minds of either".


    6. Conference: The confusion of one man multiplied by the number present.


    7. Compromise: The art of dividing a cake in such a way that everybody
    believes he got the biggest piece.


    8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.


    9. Dictionary: A place where divorce comes before marriage.


    10. Conference Room: A place where everybody talks, nobody listens &
    everybody disagrees later on.


    11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.


    12. Classic: A book which people praise, but doesn�t read.


    13. Smile: A curve that can set a lot of things straight.


    14. Office: A place where you can relax after your strenuous home life.


    15. Yawn: The only time some married men ever get to open their mouth.


    16. Etc.: A sign to make others believe that you know more than you
    actually do.
    17. Committee: Individuals who can do nothing individually and sit to
    decide that nothing can be done together.


    18. Experience: The name men give to their mistakes.


    19. Atom Bomb: An invention to end all inventions.


    20. Philosopher: A fool who torments himself during life, to be spoken of when dead.


    21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.


    22. Opportunist: A person who starts taking bath if he accidentally falls into a river.


    23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."


    24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.


    25. Miser: A person who lives poor so that he can die rich.


    26. Father: A banker provided by nature.


    27. Criminal: A guy no different from the rest... except that he got
    caught.


    28. Boss: Someone who is early when you are late and late when you are
    early.


    29. Politician: One who shakes your hand before elections and your
    confidence after the elections.


    30. Doctor: A person who kills your ills by pills, and kills you with his bills.





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  • CreatedToday
    01-06 04:21 PM
    :confused:You don't believe this, but you believed when mullahs said, it was Israel and Jews behind 9/11! LOL

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.



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  • GC_Geek
    08-02 10:26 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.





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  • Marphad
    12-17 01:52 PM
    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.

    They need to be procecuted.

    When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).

    This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.



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  • gcbikari
    08-06 01:36 PM
    Bihar Driving License...

    DRIVING LICENSE APPLIKASON PHOROM
    ------------------------------------------ -----------------------


    NOTE: Please do not soot the person at the applikason kounter.
    He will give you the licen.
    For phurthar instructions, see bottom applikason.


    1. Last name:

    (_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no

    (Check karet box)

    2. First name:

    (_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no

    (Check karet box)

    3. Age:

    (_) Less than phipty (_) Greater than phipty (_) Dot no

    (Check karet box)

    4. Sex: ____ M _____ P(F) _____ not sure _____not applicable

    5. Chappal Size: ____ Lepht ____ Right

    6.Occupason:

    (_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed

    (Check karet box)

    7. Number of children libing in the household: ___

    8. Number that are yours: ___
    9. Mather name: _______________________

    10. Phather Name: ____________________ (If not no,leave blank)

    11. Ejjucason: 1 2 3 4 (Circle highest grade completed)

    12. Dental rekard:

    (_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
    Give egjhakt color

    (Check karet box)

    13.Your thumb imparesson :
    ____________________________

    (If you are copying from another applikason pharom, please do not copy
    thumb impression also. Please
    provide your own thumb impression.)

    PELEASE DO NOT USE PHINGERS OF YOUR LEGS

    Use thumb on y our lepht hand only. If you dont have le pht hand, use your
    thumb on right hand. If you do not have right hand, use thumb on lepht
    hand.

    NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.

    WE ARE VARY ISTRICT ABOUT THIS .





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  • xyzgc
    12-27 12:02 AM
    Don't you think Pakistan already knows that?


    Do you mean to say that the state and the government of Pakistan did this?

    Not at all.
    My 90 year old grandmother did this. She was also responsible for setting Taj on fire and attacking Indian senate.



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  • nogc_noproblem
    08-08 02:42 PM
    If you enjoyed reading that one, you might like this one too.

    Mother-in-law: When you rearrange the letters: Woman Hitler


    This is hilarious! :)





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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.





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  • krishnam70
    08-14 11:32 AM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available





    meridiani.planum
    07-13 12:26 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)





    jonty_11
    04-09 10:59 AM
    What is IV's position on this bill?



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