Thursday, July 7, 2011

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  • unitednations
    07-17 12:47 PM
    Here is a real example that is going on right now.

    Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.

    He gets an rfe to give I-20 and prove status.

    Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.

    However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.

    Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.

    Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.

    If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.

    Not a good situation all around for him.





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  • pasupuleti
    06-21 06:50 PM
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL





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  • Refugee_New
    01-06 05:50 PM
    Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.

    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.

    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??





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  • jvordar
    08-03 12:36 AM
    I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).

    I'll give you some examples of what they have done of which I have intimate knowledge of:

    1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are

    2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter

    3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.

    4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there

    5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?

    6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.

    ----------------------------------------------------------

    These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.

    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx



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  • nojoke
    01-03 07:42 PM
    You are a Kashmiri muslim.
    Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
    Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?

    1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?

    2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?

    3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?

    4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
    Sorry, won't happen.

    What else?

    I agree there are issues that need to be resolved in India. But what is happening in India ia India's problem. They don't need to handover anyone to international court. India is not causing problem to other countries. There are laws and due process to handle the criminals in India. But the powerful do get away. It is silly to ask all these problems to be solved by International court. I don't think they will be interested to run trials on such cases.
    Sorry this post is to engineer.





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  • nogc_noproblem
    08-06 01:32 PM
    Two nuns were ordered to paint a room in the convent . . .

    . . . and the last instruction from the Mother Superior was that they not get a drop of paint on their habits. After conferring about this for a while, the nuns decided to lock the door of the room, strip off their habits, and paint in the nude. In the middle of the project, there came a knock at the door.

    "Who is it?," called one of the nuns.

    "The blind man," replied a voice from the other side of the door.

    The two nuns looked at each other and shrugged. Deciding that no harm could come from letting a blind man into the room, they opened the door.

    "Nice butt, sister," said the man, "where do you want these blinds?"



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  • willwin
    07-13 04:05 PM
    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......

    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.





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  • suavesandeep
    06-20 08:07 PM
    You actually nailed down exactly what i have been thinking...

    Its just seems impossible to get a decent house which is not 25+ in Cupertino, Redwood shores etc ..And my gut feeling is these places the homes will never be affordable, they may lose some value but not much.

    I have also been debating about Austin as an alternative. Again what field you work in also plays a big role in the decision. if you are a techie and work in a product based company Bay area has all the top companies you could wish to work for. Where as cities like Austin merely have satellite offices for these companies based in bay area. I guess if you work in the service industry you would have more choices to pick from. Plus reason to consider austin for me is that "Austin is very much like bay area" ... In that case i think why not live in Bay area itself :)

    But yes if you are in bay area, Paying 700+ for a decent place just does not make sense even with all the rebates.


    I am hoping my gut feeling is proven wrong :)


    This is for sharing and suggesting your views, ( :)who are not opposing for buying a home now or in the near future and those who are staying at Bay Area, CA or similar places in US) where the medium home price is still looks like quite unaffordable :

    for example, in Bay Area, CA - places which has good school districts and neighbourhoods like Cupertino, Fremont, Redwood shores etc., (please add other good places also...) - the medium home price of a new independant home (anywhere from 1500 to 3000 sq.feet) will be atleast in the price range of $700000 - 2+ Millions.

    Other options are :
    1) Moving to the outskirts, around 40 or 50+ miles - places like San Ramon, Gilroy etc. (remember commute will be too hectic...). In these places also, the above mentioned homes will cost $450000 and up.

    2) Go with an old condo/town home (in Bay Area, usually an old house is 25+ years YOUNG!!!) and after 5+ years look for an old independant home and after another 5+ years, move to your dream home. (I don't know whether we, most of us who are in the GC mess might be in 35 and above age group, have any juice left to do so rather than try to settle down within a couple of years. And one more thing, are these places really worth for spending this much for houses? (I know its a personal choice and lot of factors come in to play...)

    3) Move to a more affordable place so that even if there are some hick ups in career or other ups and downs in life, it won't affect the mortage payment (considering ones personal interests and other factors like employment opportunities, climate, diversed community etc etc.) - places like Dallas, Austin, Phoenix, Atlanta etc. (feel free to add other cities also).

    Please comment/share your thoughts (I am agreeing there may be slight variation in above price ranges) and really sorry if we discussed this in any other threads....

    Thanks,
    B+ve



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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





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  • nogc_noproblem
    08-05 01:40 PM
    A little girl asked her mother, 'How did the human race appear?'

    The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

    Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

    The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

    The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'



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  • unseenguy
    06-23 05:30 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.

    There is more emphasis on landscaping and higher labor rates and other community amenities and staff. However, I think, 400 is a bit expensive HOA. 250-300 is more like it in CA. If you are paying 400 per month for HOA, you might want to consider a 650K house with no HOA, pays better deal in the long run. I personally despise houses with high HOA fees. The HOA tends to be the government of your community and not only you pay more, your rights as homeowners get diminished.

    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort. Its good if you are young but do not work out a lot :) but not really a very good living style in my opinion.





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  • gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)



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  • tanu_75
    07-28 03:09 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.





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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?



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  • mallu
    01-28 02:38 AM
    There has never been a mention of the H1b visas approved and those that do not fall under the quota....

    This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

    When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.

    When the debate is on illegal immigration, the former immigrants and their descendants will chant "We love legal immigrants". When the focus shifts to legal immigration, suddenly they don't want any immigration. Their argument is "If bus is full , we don't need more passengers" . Likewise USA is "full" with former immigrants and their descendants , so don't need more immigration.
    If supply is squeezed somehow, the demand will increase. But poor fellows, if businesses can't get qualified numbers , it will accelerate outsourcing.





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  • Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.



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  • unseenguy
    06-26 06:04 PM
    A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
    1. Time Value of money (Wiki Link (http://en.wikipedia.org/wiki/Time_value_of_money)).
    2. Cash Flow (Wiki Link (http://en.wikipedia.org/wiki/Cash_flow))
    3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (http://en.wikipedia.org/wiki/Risk))
    4. Leverage (Wiki Link (http://en.wikipedia.org/wiki/Leverage_(finance)))

    I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.

    A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.

    So surprise of surprises - there is no "right answer"!!

    That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.

    Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.

    The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)

    Best of luck guys.

    Hi Puddon head :

    Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.

    For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.

    I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)

    You can use six sigma approach also :) ;) (just kidding on this last one).





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  • sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.





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  • CreatedToday
    01-06 05:50 PM
    Are they poor? I doubt, this is luxury!

    "... at least two of his four wives, as well as several of his children ...

    Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...

    He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
    ...
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    Exactly. Hamas was the need of the hour for Palestinians and that why they choose their government. We may call them terrorists, but they are their legitimate government. People always chose leaders who fight for their right. Now you brand them terrorist and that will give you free hand to kill them and their people. Thats what happening. Isreal doesn't want anyone to stand up to their aggression. At the end, its poor people and children who get killed.





    SunnySurya
    12-18 10:45 AM
    Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology

    Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.

    They would not have preached the following:
    WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
    -- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
    or
    INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
    -- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
    Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.

    Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.





    indianindian2006
    08-02 07:01 PM
    Yes.

    A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.

    Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.



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