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  • Guys,

    We saw the September bulletin..
    We knew what to expect..
    But we were all a little hopeful to see some miracle happen.
    And we were doing this every month.

    NOW comes the count down we all were waiting for the last few months. Oct bulletin. In that, most of us are expecting some good news.. But what if it moves 3 months forward.. What if it moves 2 years forward. Then it will stop there for next 1 year, while we check every month.. Then it moves back.. Do we want this..
    Its not going to make much difference to most of us here.
    THIS IS THE TIME TO ACT NOW. We must all do some campaign may be flowers, may be cards, or I donno.
    I have written to all the six members or reps to help us, but a bunch of mails will not help. JUst imagine if all the people in waiting sent the letters. Imagine 100,000 mails going to each of them, or 100,000 flower bouquets going to all.
    Please please, lets act now. These small fixes cannot help us. If they want to put any quota limit, that should be at the main entry level whatever the non-immigrant category. Not at the other point when people start applying for GCs and suffocate here. We dont deserve this.
    Please Lets act now., ONce again.. We did it in the past and it helped..
    We need to do it again... Together we can do it. Together ONLY we can do it..

    Sri.





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  • Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule (http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf) 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
    Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
    CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
    Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
    EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
    Damaris Del Valle, Law Clerk
    Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
    TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
    TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)

    PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
    Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
    AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
    Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
    I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
    Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)

    Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)





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  • Nobody's gonna come to wipe your ass. You gotta do it yourself.

    Yeah man, you put it correclty. India was always hoping that would happen.





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  • Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.





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  • I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?





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  • how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
    you can give more pleasure to yr family when you rent.

    the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).

    you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
    when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
    when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
    In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
    ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...

    Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.





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  • I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.

    I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??

    I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???

    Its something to ponder upon.





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  • I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.

    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.





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  • I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    Buying a house is a long term move. Not a short term. The payment for house will remain (pretty much) the same for 30 years! Rental prices will go up every year. And after 30 years of payments, the house will be all yours.

    You're also neglecting the tax savings. There'll be appx. $900 per month in tax saving (assuming 25% tax bracket).

    Unless you can think and plan 5~10 years ahead (at least), real estate is not for you.





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  • Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.





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  • Ah!! I see.....I do have the same i94 number on both the I-94s


    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.





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  • Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.

    It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.

    Thats an interesting change in his strategy.





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  • .. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I agree.





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  • EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..





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  • Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    Here is why -

    People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

    IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.





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  • How to tell the sex of a fly

    I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.

    When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."

    Curious, I inquired as to how he could tell the difference.

    He answered, "It's easy, 3 were on a beer can and 2 were on the phone.





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  • Just follow the law. There are lots of protections in it for us.
    Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)

    The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.





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  • I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    You haven't yet denounced the Bombay attacks but you are quick to attack Indian media. Good job, you have been trained well. Indian media is at fault in showing the carnage but the terrorist who carried out the carnage are saints???

    Its funny to see your assertion that its ok if 200 die in a bomb blast. It maybe ok for Pakistanis, but it is not ok for Indians. Stop calling Indian media as "bias". There was no ambiguity in the coverage. It was direct telecast. Why blame the media to educate the larger population that what's going on. Let me guess, terrorist do not like freedom of speech. You need to stop watching that garbage in Pakistani TV channels.





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  • i thing some1 has complained to uscis about you,
    so your case is refered to NFDC , YOU might also get a interview call soon.
    or the best thing get your GD
    all the best





    That is my point, being an employee you are not fully working for your company growth. Then don't talk about a consultant is illegal when he don't get paid.

    If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.

    Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.





    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris



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