Sunday, July 3, 2011

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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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  • niklshah
    01-07 10:35 AM
    Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.

    U.N. 'sure' no militants at school hit by Israeli troops

    http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html

    Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.


    oh every one saw your link u sent, did u see CNN when they were showing mumbai killings.. Palestine and Israel are fighting for land and occupation but what was fault of people in mumbai??? think hard man if this war needs to be stopped it has to be stopped from all the sides u cant blame single community or nation for this..........




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  • sanju
    04-07 05:54 PM
    I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.

    Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.




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  • milind70
    07-11 11:21 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94

    I think the best case for you is when u get your 3 year extension
    go to your home country for stamping and make sure u submit all your I 94s
    when u leave even the one that came with 797 .
    Whne u reenter you will get a new I 94.



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  • funny
    09-30 03:05 PM
    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.

    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.




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  • sumanitha
    12-17 11:02 PM
    Guys..

    If you believe in Science, you wont tend to believe in any religion or for that matter any God..

    God was created by man..

    Imagine this :

    Take for ex : God is human.. How can a human being be supreme or whatever and manage other humans.. For ex if 1000 people commit crime how can a God being a instance of human being watch them.. Even if he watch them how can he punish them.. all not humanly possible.. so God cannot be human..

    So let us take like what Islam says.. God is not human nor he is physically presence.. In that case how an Supreme being again watch all of our deeds when even a human kind of thing is not possible.. So God cannot be supremely supreme to watch us..

    Earth all happened by itself and it evolved by itself.. It will destroy itself and it will retransform itself.. this is the absolute truth.. believe it or not..

    Everyone has some kind of inner consciensus.. you be afraid to that and answerable to that.. (You can call it as God if you want..)

    Other than that start believing in Science and be answerable to yourself.. Nothing else matters...



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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.




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  • mbartosik
    04-08 10:40 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    I often call the British "mortgage slaves", that was actually a factor in my move here. I could see people putting every penny they earned into their mortgages. When my parents bought their house 35 years ago, you had to put a hefty deposit down. After the housing crunch of the early 1990's which really killed off the economy (largely because people could not move to where the jobs were because of negative equity). I saw the same happening there again. Even being well paid in the UK does not mean that you can afford more than a cardboard box. Whenever interest rates drop there, housing prices shoot up, I considered an interest rate drop to be a disaster. The majority of the population thought that high house price inflation was great, but didn't consider that either the bubble must burst or their children will never be able to afford a house. People just pay the same percentage of salary into mortgage when interest rates are low, so prices go up. In the UK fixed rate loans are not the norm like here, more normal would be a 35 year variable rate loan (up from 25 years in 1980's). So when interest rates go up people are crippled. I see the UK economy as being underpinned by the emperor's clothes. People get 35 year variable rate mortgages for 125% of value on a salary when they can barely cover interest let alone capital, if one of them (assuming couple - because single cannot afford house) loses job they are screwed.

    In the UK a house I could afford would be about 1000 sq ft. Here my house is 1800 sq ft (nicely sized but not McMansion), and net zero energy -- with a huge amount of solar power and ground source heat pump heating http://tinyurl.com/2jzbfq

    Then around 2002 I saw the same starting to happen here. I must have brought the British disease here with me!! :eek:
    I should have been quarantined :eek:

    So other than a rant what's my point:
    * Buy something that you can afford, without becoming a mortgage slave.
    * Buy something that you really like.
    * Buy something that you are prepared to live in for a long time.
    * Think of your house as your home, not an investment (or at least a very long term investment -- like 10 years plus).
    * Use the down housing market to your advantage to find something that you really like (without over extending yourself).
    * You decide what you can afford, but the bank or Mortgage broker. Mortgage broker tried to tell me that I could afford more, I told him where to go, I want to live not just pay mortgage. I would recommend not going above x3 salary or x2.5 for a couple.

    If you think this way market timing is less of an issue. It is hard to judge the market timing just right in any market.

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).



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  • mbawa2574
    01-09 12:35 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

    They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

    India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

    Go Israel Go !!!!!




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  • NKR
    01-08 01:42 PM
    [QUOTE=sab;309415] Terrible. From NPR

    "Eventually, Red Cross and Palestine Red Crescent rescuers received permission to go into the shelled houses. Pierre Wettach, head of the ICRC for the region, called it a "shocking incident." "The ICRC/PRCS team found four small children next to their dead mothers in one of the houses. They were too weak to stand up on their own." [Quote]

    That is really sad, it is similar to the two year old son of the Jewish Rabbi and his Wife who was sitting with blood of his dead parents on him when his caretaker took him and ran away during the Mumbai carnage, what I read later was that they were sexually humiliated and killed. When small kids are taught to blow themselves up, that is sad too. There are many orphans of war and hatred and violence. I wish this madness stops from all sides� or at least let them take this war to the battlefield, not in places where people live.



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  • puddonhead
    06-26 05:52 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.




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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."



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  • bfadlia
    01-10 02:56 AM
    Again I beg to differ. Britishers gave land to Israel, Egypt and Jordan. Why should only Israel be responsible? Where will they go? Why not Egypt and Jordan? Secondly, I have children and I am also terrified by the pictures of brutal massacre but think about this. If those who want to kill my children is hiding among women and children what choices do I have? be "civil" and let them kill our children or attack and kill them?

    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html




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  • rheoretro
    11-12 02:28 PM
    rheoretro Surely there is a distinction between illegal immigrants and Latinos (though I am not sure how thick is the line) but I did say that we cannot have even a whiff of support for illegal immigration be it from any country, including India.

    It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.

    A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.

    Bottom line? Illegal immigration in any form is not acceptable.

    English_August: Actually, it is a very thick line between legal and illegal immigration, as far as Latinos are concerned. There has been strong Latino/Hispanic immigration (legal) into the US for several decades now, if not a whole century, which is also possible. There are third and fourth generation people in the US of Latino/Hispanic ancestry. It's just that there was a serious influx of illegal immigrants in the US over the last ten to fifteen years, and the media makes it seem as if they are all illegal. That is not true.

    I agree - illegal immigration in any and every form is unacceptable. I am familiar with SAALT, including their executive director, Deepa Iyer. While I admire the community outreach work that they do, I too differ with them over a blanket amnesty. BTW, it was Deepa who corrected my false impression recently. The numbers for illegal immigrants from India are astoundingly high - the estimate is between 300,000 and 400,000. That number compares with the number of people in the legal immigrant EB pipeline from India, probably.

    At the end of the day, it, sadly, does come down to numbers. Even in 1986, in Reagan's time when the Simpson-Mazzoli bill was passed, amnesty of some form was given to people who had either entered the country illegally or had over-stayed their visas. This time the number of illegal immigrants is much higher, and Congress can't ignore this problem anymore. At least the American people seem to have clearly told Congress to put aside petty partisan squabbling, and get the people's work done on Capitol Hill.

    I am simply amazed by this dismal statistic - IV claims that there are about half a million people stuck in immigration backlogs/retrogression. Then why does IV have a membership that merely represents barely 1% of this pool? 6500 members isn't enough. Capitol Hill treats you differently if you say that you have 20,000 or 30,000 members...you get more attention.



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  • SunnySurya
    08-05 01:49 PM
    I think he knows quite a bit about the immigration rules. He raised a point that it is merely a guidance. What it means that it can be contested and challenged...unlike if it were a law.

    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..




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  • axp817
    03-26 05:15 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?



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




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  • smisachu
    01-04 02:55 PM
    I am a reserve in the territorial Army. I have family members serving in the army (18th grenadiers, Rajputana rifles & the Jat regiment). I am tired of my countrymen getting slaughtered and India bleeding slowly due to terrorism and I want India to attack the terrorist manufacturing organizations in Pakistan and end this problem once and for all. So we could concentrate on growth and economy. Till this problem is solved we are held back from development. If you can read the article in Barrons this week. They are suggesting investors to stay away from India based on Valuation and problems due to terrorism. Do you know what this will do? Investors will keep withdrawing from Indian markets. Sensex will keep falling even to the 5K level and beyond. So not solving the problem of terrorism will affect India's economy.
    What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.

    So you see everything's connected.


    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.




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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.




    SunnySurya
    08-05 03:17 PM
    Don't remember exactly, I can look into the wording of the law but I think
    post bachelor 5 year experience for EB2 is a law and not Memo.
    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?




    GC_US_64
    12-26 04:29 PM
    Kudlow and company are airing a debate on Lou Dobbs Goofy economics and skewed numbers at 5pm eastern time.



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