Tuesday, July 5, 2011

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  • unitednations
    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.


    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.





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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?





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  • DSJ
    05-16 12:08 PM
    This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.





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  • amoljak
    08-11 09:23 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:
    Hello,

    In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx

    The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.

    The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.

    It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence



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  • vivid_bharti
    06-23 04:04 PM
    Buying a house in India and living here on rent sounds like getting married and keeping your wife in India :) unless your wife is with you what is the point in getting married, I think people should think beyond the 'Investment' perspective of house.....in agreement.....there is definately pleasure in living in your own house....





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  • waitnwatch
    08-05 03:11 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.



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  • Macaca
    03-04 06:04 PM
    Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com/citizen-k-street, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.





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  • unitednations
    07-09 01:03 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!


    Just follow the law. There are lots of protections in it for us.



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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno





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  • riva2005
    04-06 08:31 PM
    What's going on here is that approx there are 500,000 people on H1B visas in this country.

    If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.

    So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.

    These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.

    They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.

    Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.

    Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.





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  • NeverEndingH1
    12-17 02:39 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!



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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.





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  • Macaca
    12-28 06:29 PM
    China's Sudan Predicament (http://www.huffingtonpost.com/joe-lauria/chinas-sudan-predicament_b_801655.html) By Joe Lauria | Huffington Post

    The age of ideology in China may soon be ending. Caught between its longstanding opposition to independence movements worldwide and its expanding economic interests, Beijing finds itself remarkably choosing to court a separatist government in south Sudan.

    The south is scheduled to vote on January 9 on independence from Khartoum after 43 years of civil war that left more than 2 million people dead. The referendum is still uncertain amid fears of a new war. But if the vote goes ahead, the south is overwhelmingly expected to break the continent's biggest nation in two.

    China has long had substantial investments in all of Sudan, the most of any foreign country. It has a 40% stake in the oil industry and 60% of Sudan's oil is exported to China. To protect those interests Beijing has supported Khartoum in the U.N. Security Council over separatist movements in Darfur and, until recently, in the south.

    That was consistent with China's opposition at the U.N. to separatist movements elsewhere in the world, such as in Kosovo and East Timor. The aim has been to give no encouragement to Taiwan and its own restive minorities in Tibet and Xinjiang. Those independence movements are watching what China does abroad. Taiwan, notably, was among the first countries to recognize Kosovo.

    Until early this year, China steadfastly opposed southern independence in Sudan too. But China saw the writing on the wall in Juba and was faced with a choice: either risk emboldening its domestic independence movements or its oil investments in the south, where 80% of the country's petroleum is found.

    "Khartoum had insisted that they alone were the interlocutor on oil for a long time and the Chinese respected that," said Fabienne Hara, an Africa specialist at the Brussels-based International Crisis Group. Khartoum awarded China's four oil concessions. But by 2007 the south Sudanese realized they needed China if they were to become independent and the Chinese realized they might soon need an independent south Sudan too, if the oil went with it. "It is pragmatism. I don't think anyone believes that the referendum process can be stopped," Hara said.

    China opened a consulate in Juba, the south's capital, a normally unusual move for Beijing in a place that wants to break away. Chinese Communist Party officials routinely visit the south. Southern leader Salva Kiir has twice visited China.

    But Beijing must walk a fine line between courting the south and not alienating the north. It still has major business there, including arms sales and infrastructure projects. Li Baodong, China's U.N. ambassador, told me that Beijing is clearly trying to stay on good terms with both sides.

    "We respect the sovereignty and territorial integrity of this country, any argument amongst themselves, that's their internal affairs and we are not getting into it," Li said. "Whatever the choice the people make, we will respect that."

    Oil revenue is currently shared 50-50 between north and south under the 2005 peace deal that set up the referendum. It is pumped from the south through the north in a 1,000-mile Chinese-financed pipeline to a Chinese-built refinery in Port Sudan on the Red Sea, where it is shipped.

    How to share this oil in an independent south Sudan is still one of the trickiest questions the two sides, under the mediation of Thabo Mbeki, are trying to work out. Other issues under discussion are the border, sharing water and what to do with Abeyi. Sudanese President Omar al-Bashir warned of war if these issues aren't worked out by Jan. 9.

    The south would likely enrage Khartoum if it were to find a way to get the oil out bypassing the north altogether. With Chinese help, this may one day happen.

    Kenyan officials have been studying a pipeline and refinery project from south Sudan to the port of Lamu on the Indian Ocean coast. The Kenyan Transport Ministry has sought bids for the project. According to China Daily, Kenyan President Mwai Kibaki and Chinese President Hu Jintao discussed China's commitment to build the $16 billion project last May in Shanghai. China is conducting a feasibility study, according to Kenyan media.

    I asked Ali Karti, the Sudanese foreign minister, about how his government would react to such a project. "We have our own oil," he said, adding, "That project will never be built."

    Adopting a Western business mentality, in which profit and economic growth are often the only tenets, has launched China into a head-on collision with some of its traditional policies, said Dru Gladney, an expert on Chinese minorities at Pomona College in California.

    China has always portrayed itself as a leader of developing countries, but its own rapid development has changed its relationship with the developing world, he said. "Encouraging a so-called separatist movement is one that is going to complicate that position very much," he said.

    "It is a delicate issue for China. It is a very important development that China is seriously considering going against its 50-year long policy of non-intervention," Gladney told me.

    China has apparently calculated that it can suppress its own separatists while courting separatists in Sudan, he said. "Chinese separatists are going to recognize that China first and foremost is very pragmatic, that its development and national self-interest is clearly taking precedence over ideology in China today."

    "They may take some encouragement from it, but I don't think they really will take it that China is changing its position on separatism, especially within China," Gladney said.

    He expects Beijing to crack down on separatists at home while making deals with them abroad. "It's whichever cat catches mice and in this case the cat that supports a separatist, Christian group will catch more mice for China," Gladney said.



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  • JunRN
    06-06 09:31 PM
    I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.

    The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.





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  • dartkid31
    05-17 07:56 PM
    Qualified_trash,

    IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

    As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

    best,
    Berkeleybee

    I agree 100 percent. Anyone who believes Lou Dobbs is a friend of LEGAL immigrants probably also believes Tom Tancredo and NumbersUsa Sympathize with legal immigrants. It always ticks me off whenever Tancredo is waxing poetic in the press about how legalizing illegals would be "sending the wrong message to those trying to do it the right way"; when he is actively trying to end all legal immigration. What a tool and hypocrite. Lou Dobbs falls in the same boat. Dont believe their tripe for one second.



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  • desi3933
    08-05 11:22 AM
    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.

    Would you mind explaining a bit?





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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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  • bharol
    01-06 09:22 PM
    Hamas has to be blamed for civilian deaths as well.
    Current propaganda by them portrays Hamas as innocent and puts all blame on Israel. Hamas has a history of using civilians as human shields. They are cruel even to their own people.

    see these to believe.

    http://www.youtube.com/watch?v=g0wJXf2nt4Y

    http://www.youtube.com/watch?v=kBYtij4Q7sE





    ArkBird
    01-06 07:00 PM
    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.

    But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?

    Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?

    It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".





    kumar1
    12-17 05:17 PM
    I can see tabletpc standing naked!!!!!:D

    Rupees conversion rate:
    http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16


    Someone started this very immigration related thread:
    http://immigrationvoice.org/forum/showthread.php?p=297679#post297679


    Someone is talking about Hotels....
    http://immigrationvoice.org/forum/showthread.php?p=255794#post255794


    furrrrrrrrrrrrrrrrrrr..................



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