Friday, July 8, 2011

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  • file485
    07-07 09:41 PM
    Hi Manu..

    it must be living hell for you with this mess, we all pray for you to get some route out of this hell.

    When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?

    pls post..

    waiting for your response.





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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.





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  • Arjun
    07-14 08:16 PM
    I think all this mess is caused by H1B limit being 195k between year 2000 and 2004, before and after that 65k. Now when issuing H1B, they issue most of them to Indians (>50%) no country limit applies there. When it comes to GC and they put a 7% country limit and that�s where the backlog starts.

    If they (USCIS) don't want to do anything about this then they should consider putting a limit on H1B and let business look for talent in countries other than India.





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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters



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  • mrajatish
    07-08 10:35 AM
    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.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





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  • NKR
    04-05 10:24 AM
    fide_champ,

    Check your pm



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  • Macaca
    12-30 06:50 PM
    Why does China block foreign websites? (http://blogs.telegraph.co.uk/news/malcolmmoore/100070017/why-does-china-block-foreign-websites/) By Malcolm Moore | Daily Telegraph

    Skype has joined the ever-growing list of internet companies that are now unwelcome in China.

    Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.

    In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.

    Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.

    China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.

    Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.

    Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.

    Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.

    Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.

    Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.

    Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.

    These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.

    Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.

    Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.





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  • yabadaba
    08-11 08:24 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate



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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.





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  • Macaca
    12-23 11:04 AM
    'D' in Democrats means Do-Nothing (http://www.mercurynews.com//ci_7792528?IADID=Search-www.mercurynews.com-www.mercurynews.com) BUSH, REPUBLICANS GET THEIR WAY ON MOST ISSUES DESPITE VOTERS' MANDATE TO CHANGE DIRECTION Mercury News Editorial, 12/23/2007

    When the Democrats won control of Congress a year ago, they promised bold new leadership. Things would change, they said. They had a mandate.

    But they didn't have the votes to stand up to veto threats by Bush and filibusters by Senate Republicans. They didn't have the bold new leadership, either. A year later, Congress is lamer than the lame-duck president.

    On the Democrats' No. 1 issue, the war in Iraq, it's been a year of defeat and surrender. They were going to "bring the troops home." Instead, President Bush sent more troops to Iraq. The "surge," coupled with a new counter-insurgency strategy, has led to a sharp decline in military and civilian deaths. All attempts to link war funding to a withdrawal timetable fizzled. Giving up completely, Congress passed $70 billion in no-strings war funding before the Christmas recess.

    Democratic leaders blame their impotence on Bush's obstinacy. Bush didn't compromise. He didn't have to.

    Democrats talked about limiting the excesses of the Patriot Act, banning cruel CIA interrogation tactics and closing the Guant�namo Bay internment camp. Didn't happen.

    Instead, Congress authorized warrantless surveillance for six months by passing the Protect America Act before the August recess. Democrats were forced to push discussion on making the surveillance rules permanent into January. Bush will likely win this one, too.

    After months of wrangling, Congress approved an omnibus budget bill that gave Bush the spending levels he wanted.

    Promising fiscal discipline, the Democrats vowed to pay for any tax cuts with tax increases elsewhere or spending cuts. That "pay as you go pledge" was put aside to pass a popular bill protecting 23 million middle- and upper-middle-class taxpayers from paying $2,000 extra under the alternative minimum tax. Since the tax was originally designed to prevent the super-rich from using tax shelters, conservative Democrats tried to close tax shelters used by super-rich hedge-fund managers to cover the $50 million revenue loss. They lost.

    Congress made baby steps toward fiscal discipline by trimming "earmarks" for pet projects by 25 percent from 2006, estimates Taxpayers for Common Sense. But legislators OK'd more than $15 billion for more than 11,000 pork-barrel projects.

    President Bush didn't win them all: Social Security reform went nowhere, reauthorization of No Child Left Behind was postponed to 2008 and he couldn't rally enough Republicans to pass a complex and controversial immigration bill.

    But this wasn't supposed to be his year. The triumphant Democrats made big promises a year ago, but delivered modest results. Democrats increased the minimum wage, enacted the Sept. 11 commission's recommendations into law and expanded student loans.

    Most notable was the energy bill, which included the first increase in fuel efficiency standards for cars and light trucks in 32 years.

    However, Democrats dropped plans to repeal tax breaks for oil companies and require more use of alternative energy. Bush insisted. Congress caved.

    On other issues, Congress acted and Bush vetoed. Congress expanded health insurance for children and approved federal funding for stem cell research, but couldn't overcome Bush's "no" vote.

    Stymied repeatedly, Congress saw its approval ratings fall to record lows. When you're less popular than George W. Bush, you're pretty darned unpopular.

    "I don't approve of Congress, because we haven't . . . been effective in ending the war in Iraq," House Speaker Nancy Pelosi of San Francisco told reporters in response to the polls. "And if you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    2008 will be a year of partisan politics. No doubt Republicans will run against the do-nothing Congress. That could backfire. Democrats will tell voters that if they want Democratic policies - and most people tell pollsters they do - they need to put a Democrat in the White House in 2008.

    For the next 11 months we can expect more of the same from the lame duck and lamer Congress.



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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.





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  • GCKaMaara
    01-10 04:55 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.

    About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.



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  • grupak
    07-13 01:40 PM
    If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.


    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.





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  • kart2007
    05-15 10:11 AM
    Its sad but true that Indian companies liek Infosys and TCS are in fact abusing the VISA system. I know a lot of my Indian friends who have recently come from India and are working ata really paltry salary.

    Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).

    Its sad that thing is happening, but its true.



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  • Refugee_New
    01-07 03:20 PM
    Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.


    This is your religious belief/prophecy and ideology. This is nothing but neocons/zionists "The Greater Israel" or "Greater Middle East" plan. Exterminate muslims from their land and expand the occupation so that you can receive your messiah. As per their plan, Israel should expand upto Syria and this is what you believe. You know why muslims will not let go palestine that easily. If we loose Palestine today, tomorrow its Egypt and Syria.

    Thats why these killings happen. Now you agree. Thats why you guys are killing school kids also. Because you see them as potential terrrorist. This is the truth. Thats why you guys act violently to acheive your goal.


    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.





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  • gc28262
    03-24 12:40 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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  • GotGC??
    02-21 12:46 PM
    The estate no doubt belonged to his forefathers - who were native Indians and not some immigrant scum - and has been handed down to him thru the generations.


    But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:





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  • h1techSlave
    04-15 10:11 AM
    Economists generally say 6 months of expenses.

    If you work in a hot technology with generally good job prospects I would say 3-4 months is good enough. Lot of people under estimate how much money they need on a monthly basis. My suggestion would be to calculate (last 12 months of your total after tax income - your actual savings amount) / 3. This is the amount you actually spend in an average 4 months period last year. Do not go by adding up various expenses. That might lead to missing various payments and would result in a lower monthly expense figure.

    But it would be a good idea to start life insurance for the principal money earner of the family and a will by both parents.

    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.





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  • unitednations
    03-24 01:16 PM
    You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.



    The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).

    You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.



    Yes; I read all of the reports and I have intimate knowledge of how all of this works.

    Fact only dual intent visas are H/L/O and K visas.

    All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.

    Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.

    Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.

    Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;

    Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.

    There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.

    I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.

    In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.

    I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.

    Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.

    If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.

    Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.





    easygoer
    01-08 12:28 PM
    Rayyan,

    You are a highly skilled person. Think objectively:

    1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.

    2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.

    3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.

    My 2 cents to you, to bfadlia and everyone.

    My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.





    mariner5555
    03-28 04:45 PM
    correct.
    Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
    --------
    here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
    --
    this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.

    Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.

    Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.



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