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  • There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

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  • I am begining to beleive that WAR is not the answer, even though for the past 20 odd years, they have bled Kashmir, driven certain relegion members out, making them penniless, killing some of them and their family members mercilessly, doing the same in punjab (thanks to KPS Gill that was eradicated from the core), and using India's peace meaures in the last 7 odd years to infilitrate members who have created havoc in India.
    What India needs to do is strengthen internal security ('our sardar.....the chief...respectfully meant as i am a admirer of him, has done the right think by bringing in his most trusted man, PC to run home ministry....that man has been an asset in which ever position he has held....man of v.v. high integrity and honesty like our chief)
    Secondly as i said before,...... the super powers also are pretty much behind India and will not make the same mistake as they have done in the past as they know that this is universal/global problem...and the doublespeak will not work...the worry is....who to talk to there...(neighbouring country)....there are so many power centres....its total chaos....so i agree we should not go for war as that could be disastrous and open a exit strategy for all the dangerous elements and give them a longer/extended life to survive..........and continue with their nonsense......globally....WHY because once the war breaks out these dangerous elements will use their deadly toys that they have been provided with thanks to some of the regional powers....who....will then step in and insist on a dialogure....peace...etc etc..
    I am also surprised how sri lanka has agreed to go ahead with their cricket tour...i mean come on such a huge incident....in India....clear evidence...and to think and we sacrified a leader(possible PM) for them....STRANGE Behaviour....

    Without doubt, the internal security needs to be strenghtened. That is absolutely necessary. But is that sufficient?

    Why spend $26 billion yearly on defence budgets, if we are not to fire a single missile, worrying about the repercussions and what the dangerous elements will do?
    Is this only to be used in another Kargil-like war? WIf the answer is yes, that at least we should reduce our defence spending and divert it to make our nation secure. There is no possibility of that happening either.

    What is the probablity of another Kargil when a single terrorist attack is sufficient to throw the country into chaos?
    The whole idea is to destroy these terrorist outfits. Pakistan is not doing it. Should we not do it using our own arms?

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  • If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.

    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

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  • Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?

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  • I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

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  • The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

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

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

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

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  • FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).

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  • Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .

    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.

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  • Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.

    "I am not scared of this bill". Yeah. you are not scared. You are a scientist. The smart one. Unlike the dumbasses of EB3 here, you actually have something good to offer because you are a Ph.D. A scientist for Godsakes.

    You should really think about supporting IEEE-USA. Maybe you can be friends with Ron Hira. You know, Ron Hira is always looking for H1B friends. Like Stephen Colbert who has a black friends and keeps a black friend just to prove he is not a racist, Ron Hira needs H1B friends.

    Maybe you and other scientists like you and other "US MASTER DEGREE" holders can join hands with IEEE-USA. You guys have a lot in common. Let the stupid EB3 folks and bachelors' degree holders sort out their own mess.

    You are just like those folks who think:

    "As long as I am not affected, I dont care".
    "As long as people behind me in the queue are affected, I dont care".
    "As long as other people lose visas, opportunities, I dont care, because other people's loss has to be my game. Its a zero sum game". If EB3 scum is filtered out by Durbin-Grassley bill, I and my scientist friends can get some breathing room in this crowded queue filled with dumbasses who never bothered to do a Ph.D.

    Nice attitude.
    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.

    I would give kudos to core group and the EB3 dumbass like Aman Kapoor, who, despite having EAD himself is actually sticking up for people who are on H1B and facing the risk of purge by Ron Hira and Chuck Grassley.

    If Aman Kapoor and core group thought like you are thinking, maybe this organization would have never existed.

    So go and spend you precious time with your job, whatever it is that you do that makes you a scientist. This organization is catering to dumbasses on Eb3, and the stupid little bachelor degree holders who arent doing a real job.

    And go and become the "H1B friend" of Ron Hira. That way, Ron can say "Many of my friends are on H1B".

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  • how's the market conditions in the San Jose/Santa Clara belt. houses there were really heated up avg 600k+. has it cooled down or still that crazy..

    I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..

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  • Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

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  • To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.

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  • don't think the rent will be much lower than paying the mortgage, it is true atleast in the city where I live. For example: If I am paying a mortgage of $1200 and the rental of an equivalent is $ 900, the $300 difference you get back in tax refund at the end of the year. So why pay rent when I can buy a house and do whatever I want to with it ?

    Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.

    You are right. As I mentioned in my other post buying makes sense if Rent and mortgage are comparable. I would do the same when mortgages and rents come in line in my area.
    With the ratio of rent/mortgage you mentioned, it makes perfect sense to buy.

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  • Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.

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  • here is a good prediction. for 5 years housing is going to be a lousy investment when you take inflation into account !!!
    to be honest, I would have bought a house this year because of tax credits ..but articles and predictions like this make me feel good. I guess those who are in similar situation can THANK USCIS for GC delays / visa wastage
    A "distressingly slow" U.S. housing recovery, with inflation-adjusted home values expected to decline over the next five years, makes it unlikely that housing wealth will drive consumer spending in the next decade, a Reuters/University of Michigan survey found.

    Consumers are apt to maintain their renewed emphasis on savings and paring debt, Richard Curtin, director of the survey, said in a June home price update Friday.
    "We expect prices to drop for another year and then stabilize before starting to rise with incomes," says Standard & Poor's Chief Economist David Wyss. Moody's Economy.com predicts the S&P/Case-Shiller U.S. National Home Price Index, maintained by data specialist Fiserv, will fall about 16% this year before regaining ground.
    Another risk is that potential buyers will stay out of the housing market, no longer trusting in home appreciation to do their saving for them. Writes David Rosenberg, the former Merrill Lynch economist who is now chief economist at Toronto-based asset management firm Gluskin Sheff & Associates: "Baby boomers are still in the discovery process on oversized real estate being more of a ball and chain than a viable retirement investment asset." Rosenberg also is concerned that an aging population won't need the kind of big houses erected during the boom. "The high end of the market will be in a bear phase," Rosenberg says in an interview.

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  • If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....

    Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.

    And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.

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  • So why are those of us not in IT suffering the consequences of this?
    Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.

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  • Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply. you bet - This is from Jubak at MSN money ..

    That initial hole was largely demographic. The number of Americans 65 and older is projected to increase to 69.4 million in 2030 from 35.5 million in 2000, the Census Bureau says. That's not entirely bad news -- much of the increase comes from Americans living longer -- but it is a problem if you're trying to figure out how to pay for all those people to retire.

    Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.

    For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids. More people are also using reverse mortgages to extract equity from their homes in retirement.
    In a Feb. 28 conference call, mortgage buyer Fannie Mae (FNMN, news, msgs) said it expected the real-estate market to bottom in 2009 after a total drop of 15% to 20%. That would produce a loss of roughly $3 trillion to $4 trillion.

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  • India asserting its interests vis-a-vis China (http://search.japantimes.co.jp/cgi-bin/eo20101228a2.html) By Harsh Pant | Japan Times

    India hosted Chinese Premier Wen Jiabao earlier this month in an attempt to stabilize Sino-Indian ties, which have undergone great turbulence the past two years.

    There was no dearth of warm words during the visit: Wen, in a lecture in New Delhi, invoked Mahatma Gandhi as "a man of love and integrity" who "has always lived in my heart." He stressed that although Sino-Indian relations have experienced major turns, they were only a short episode in a 2000-year history of friendly bilateral exchanges.

    Indian External Affairs Minister S.M. Krishna reciprocated by suggesting that the two nations do not see any contradiction in each other's rise and that both understand the importance of leveraging growth and development with mutual cooperation.

    As in the past, economic ties ended up being the focus of the visit. The two sides have now set a target of $100 billion in trade expansion by 2015 from the present $60 billion. Wen had come to India with a group of around 300 Chinese executives; business deals worth about $16 billion were signed. But there was no progress on the regional trade agreement as India remains concerned about its growing trade deficit with China.

    China did not concede to India on any major issue while India decided to play hardball on various issues of importance to China. Wen, for example, refused to acknowledge Indian concerns over China's issuance of stapled visas to the residents of Jammu and Kashmir, the growing Chinese presence in Pakistan-occupied Kashmir, and anti-India terrorist groups operating from Pakistan. Unlike other major powers, China has refused to unambiguously demand that Pakistan shut down the terrorist infrastructure on its soil.

    For its part, India this time refused to explicitly state that it recognizes the Tibet Autonomous Region as part of the Chinese territory.

    There was little movement on a range of concerns that India had flagged before the visit. India had expressed concerns about Beijing damming rivers like the Brahmaputra as well as the nontariff trade barriers to Indian companies in China. India remains keen on gaining access to Chinese markets, especially in the area of pharmaceuticals, information technology and engineering goods.

    Despite the lackluster nature of Wen's India trip, the newfound robustness in India's China policy in recent months is rather striking. After trying to push significant differences with China under the carpet for years, Indian decision-makers are being forced to grudgingly acknowledge that the relationship with China is becoming more contentious.

    India has adopted a harder line on Tibet in recent weeks by making it clear to Beijing that it expects China to reciprocate on Jammu and Kashmir just as India has respected Chinese sensitivities on Tibet and Taiwan.

    Ignoring pressures from Beijing, India decided to take part in the Nobel Peace Prize ceremony for Chinese dissident Liu Xiaobo in Oslo. Beijing had asked several countries, including India, to boycott the ceremony, describing the prize as open support for criminal activities in China. India was among the 44 states that did participate; Pakistan, Russia, Saudi Arabia, Iran and Iraq were among the nations that did not attend. There were rumors that Wen might cancel his India trip in response.

    India's challenge is indeed formidable as it has not yet achieved the economic and political profile that China enjoys regionally and globally. But it gets increasingly bracketed with China as a rising power, emerging power or even a global superpower. India's main security concern is not the increasingly decrepit state of Pakistan but an ever more assertive China, which is widely viewed in India as having a better ability for strategic planning.

    Indian policymakers, however, continue to believe that Beijing is not a short-term threat to India but needs to be watched over the long term even as Indian defense officials increasingly warn in rather blunt terms about the disparity between the two Asian powers.

    India's naval chief has warned that India has neither "the capability nor the intention to match China force for force," while the former Indian air chief has suggested that China poses more of a threat to India than Pakistan.

    It is certainly in the interest of both India and China to stabilize their relationship by seeking out issues on which their interests converge. But strategic problems do not necessarily make for satisfactory solutions merely because they are desirable and in the interest of all.

    For a long time, India was not very important in China's foreign policy calculus, and there was a general perception that India could be easily pushed around. New Delhi's own actions also cemented a perception in China that it was easier to challenge Indian interests without incurring any cost.

    New Delhi's latest robustness in its dealings with Beijing should, therefore, be welcomed insofar as it clarifies certain red lines that remain nonnegotiable.

    Harsh V. Pant teaches at King's College London

    Asia's Busy 2010 in Review (http://www.realclearworld.com/articles/2010/12/28/asias_busy_2010_in_review_99328.html) By Todd Crowell | RealClearWorld
    Emerging Powers and Cooperative Security in Asia (http://www.rsis.edu.sg/publications/WorkingPapers/WP221.pdf) By Joshy M. Paul | S. Rajaratnam School of International Studies

    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.

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