srkamath
07-13 02:04 PM
First off, we are here to get our GC faster so the effort is commendable. ...........
The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.
2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year
There are simply too many EB3 cases compared to the visas available.
EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.
Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.
Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.
The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.
2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year
There are simply too many EB3 cases compared to the visas available.
EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.
Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.
Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.
wallpaper 2010 Justin Bieber and Selena
rimzhim
02-23 08:52 AM
here is someone who gives the real picture.
http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.
http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.
perm2gc
08-11 11:51 AM
The Two Faces of Lou Dobbs
Zachary Roth
In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.
Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.
But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.
Zachary Roth
In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.
Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.
But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.
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Macaca
03-06 09:00 PM
A Peek Into Corporate America (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501370.html)
Not waiting for Congress to impose new disclosure laws, shareholder activists have persuaded some of the nation's largest companies to disclose their political spending on such things as issue campaigns. General Electric, Hewlett-Packard and American Electric Power recently agreed to report how much they give trade associations for politics and lobbying. Home Depot said it would report "soft money" gifts such as corporate donations to political advocacy groups.
The decision was announced by the Center for Political Accountability, Trillium Asset Management and Green Century Capital Management. The four companies join 15 other major corporations that have adopted increased transparency policies since 2005.
Separately, Aegon USA, a financial services firm, has begun to list on its campaign finance reports the events at which it gives money to politicians, a disclosure not required by law. It said its $5,000 donation to the leadership fund of Sen. Thomas R. Carper (D-Del.) was made during a "ski weekend." Anyone see a trend?
Not waiting for Congress to impose new disclosure laws, shareholder activists have persuaded some of the nation's largest companies to disclose their political spending on such things as issue campaigns. General Electric, Hewlett-Packard and American Electric Power recently agreed to report how much they give trade associations for politics and lobbying. Home Depot said it would report "soft money" gifts such as corporate donations to political advocacy groups.
The decision was announced by the Center for Political Accountability, Trillium Asset Management and Green Century Capital Management. The four companies join 15 other major corporations that have adopted increased transparency policies since 2005.
Separately, Aegon USA, a financial services firm, has begun to list on its campaign finance reports the events at which it gives money to politicians, a disclosure not required by law. It said its $5,000 donation to the leadership fund of Sen. Thomas R. Carper (D-Del.) was made during a "ski weekend." Anyone see a trend?
more...
file485
07-07 11:06 PM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
abracadabra102
07-14 02:11 PM
"Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
Nice post alterego. Some people never respond to logic and reasoning. They are intent on shooting themselves in the foot no matter what everyone says.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
Nice post alterego. Some people never respond to logic and reasoning. They are intent on shooting themselves in the foot no matter what everyone says.
more...
sledge_hammer
06-05 04:49 PM
Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
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DallasBlue
07-10 01:37 AM
simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
more...
sledge_hammer
06-05 04:33 PM
You are right about #8. I should not have included that under "expense". But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
>> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)
This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.
In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.
My calculation would be:
Situation Own:
Your expense is
item# 4 +
item# 5
- Corrected item# 9
Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.
So the total would be
13k + 9k - 1k ~ 20-21k.
So - in this example - renting would come out quite a bit ahead.
However, in ValidIV's example buying would be superior to renting.
>> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)
This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.
In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.
My calculation would be:
Situation Own:
Your expense is
item# 4 +
item# 5
- Corrected item# 9
Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.
So the total would be
13k + 9k - 1k ~ 20-21k.
So - in this example - renting would come out quite a bit ahead.
However, in ValidIV's example buying would be superior to renting.
hair And last night#39;s Billboard
StuckInTheMuck
08-08 05:26 PM
Judy was having trouble with her computer. So she called Tony, the computer guy, over to her desk. Tony clicked a couple buttons and solved the problem. As he was walking away, Judy called after him, "So, what was wrong?"
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
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dealsnet
01-07 08:21 PM
Our leaders have no guts to speak to these people.
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.
Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
Read this Australian PM's bold statement.
Prime Minister John Howard - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.
Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.
Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
Read this Australian PM's bold statement.
Prime Minister John Howard - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.
Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'
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unitednations
03-25 01:11 PM
UN I think you are hyping up the current situation too much.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.
Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.
Within IV there is a number of postings of h-1b denials.
You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.
However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.
Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.
I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.
check around with your companies, friends, etc.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.
Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.
Within IV there is a number of postings of h-1b denials.
You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.
However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.
Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.
I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.
check around with your companies, friends, etc.
more...
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satishku_2000
05-16 05:00 PM
A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
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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?
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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GCScrewed
07-13 09:30 AM
No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.
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rsdang
08-22 11:56 AM
Once Indra Gandhi was invited by queen Elizabeth for a tea party.
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
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Refugee_New
01-06 02:32 PM
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
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easygoer
12-17 01:48 PM
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
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JunRN
09-26 08:03 PM
Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.
h1techSlave
04-07 04:43 PM
My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.
Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)
he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)
Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)
he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)
validIV
06-26 10:20 AM
Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.