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  • Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.



    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.




    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.


    Yes H1B is NOT Stamped yet.





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  • Thank God It's Friday


    A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).

    He smiled at her and replied, "S-H-I-T" (letters only)."

    She looked at him, puzzled, and said, "T-G-I-F" again.

    He acknowledged her remark again by answering, "S-H-I-T."

    The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.

    The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."

    The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"

    The man answered, "Sorry, Honey, It's Thursday."

    :D





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  • There are two things you can do wait for the system to change to the way you want or else change yourself the way system wants. I am not saying what is right or wrong here it is just what I would have done.

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.





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





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  • But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?



    What apology?
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.





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  • I wouldnt be too upset over Lou Dobbs' irrelevant editorials.

    Its going to be crying time for Lou Dobbs and his ilk.

    That includes:

    Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.

    All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.

    And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.

    But its going to be crying time for them in 2007.

    Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.

    So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.

    Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.





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  • I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.





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  • If CNN is pro-Israel why would they stop it, instead Israel should take them in.

    Recently during Diwali celebration, one boy ....

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    ............the same time encouraging other side to kill more and more.





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  • Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
    To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
    All these are frustating.

    Fighting system is one thing and protecting what is with in the reach is other.



    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.





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  • Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm

    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.





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  • I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......





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  • :mad:Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    what he did is not surprising.

    Mohd. Azharudding also did it before.

    He was selected captain, after some of the worst historical defeats as a captain - he was still trusted to retain captainship by BCCI.

    However after years of captianship, when he was caught red-handed in match fixing scandal, he did not even wasted a moment to give a statement that he is being harrased in hindu india because he is a minority.:mad::mad:

    similary saif ali khan after having a hindu mother, hindu ex-wife, hindu girlfriend and a stardom and large number of hindu fans, did not wasted a moment but blamed hindus that being a muslim he is not able to buy a flat in mumbai.

    what do you expect from such mentality?





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  • If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.





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  • Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.





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  • 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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  • Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
    To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
    All these are frustating.

    Fighting system is one thing and protecting what is with in the reach is other.



    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.





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  • Checkpoints? What do you expect Israel to do?

    Given a chance, they strap a bomb in their waist and rush to Israel!!

    India has legitimate reason to attack pakistan ...

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    ...
    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??





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  • mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
    I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
    but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
    I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
    but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.





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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.

    Why would Hamas hide in school if they love their people so much? No body plans to kill innocent civilians, except Muslim terrorists, as we saw that everywhere in this world. So, what is your solution? Ask Israel to stop invading and punish Hamas, while they are busy blasting rockets from schools? Would you be happy if some Jew kids get killed? I believe you would be more that happy and would lit fire crackers!





    Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.

    Like this thread. I'm no defence strategist either but its good to read this.





    India needs to look inwards for answers.

    We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!

    Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.

    One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.

    Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.

    Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.

    The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.

    Peace to all.



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