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  • Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?

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  • Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    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.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    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.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??

    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.

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  • I think we should support this letter and push for it.

    I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.

    CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....

    Definatley we need IV support on this to have justice with EB3.

    Thanks IV.

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  • NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke

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  • I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.

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  • started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and it?

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

    While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

    While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

    Go ahead, rant, rave... enjoy your stress... :D

    BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !

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  • Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.

    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?

    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.

    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

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  • Fighting for change

    At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.

    "We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.

    Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.

    She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.

    The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.

    Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.

    It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.

    "Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."

    The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.

    "Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."

    The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.

    Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.

    "Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.

    She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.

    "Would we have a better life?" she asked. "Would Muslims have a better life?"

    Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."

    Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.

    Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.

    Muslim Women Gain Higher Profile in U.S. ( By BRIAN KNOWLTON | New York Times

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  • The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

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  • Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D

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  • this is what I had meant when I said that (for some people only) moving in to a very big house leads to lower standard on living. I repeat - this is only if you buy a big house beyond your means. this is from fortune
    Stay-at-home mom, 40, Apopka, Fla.
    We bought a home in Orlando, Fla., in February 2005, the height of the boom here. At the time, we could afford the home, the taxes and the insurance. It would be tight but we kept planning on "the bonus" or "the raise."

    We got all caught up in the "square footage" of the home. Well, what we didn't realize was that with our BIG HOUSE comes BIG EVERYTHING! Big taxes, big insurance, big water bills, big electric bills. The anxiety at the end of the month caused health problems for both my husband, Victor, and I.

    Last summer, we realized that we could not live like this any longer. We could not afford our home, we were prisoners of our mortgage. We couldn't enjoy life outside the house. We were literally trapped.

    We decided to "downsize" our life, our lifestyle and our home. It was a lot of soul searching but we both realized that it's not all about "square footage" or bedrooms or full baths. It's about being able to afford a mortgage (and all the add-ons) and still have money at the end of the month.

    Now, our timing could not be worse of course, for putting the big house on the market. We built a much smaller house, ranch style and I love it! My first electric bill was a third of what it used to be. Yes, we still have the big house, but we were able to rent it out and cover expenses.

    We are not making a dime on the rental, and when the market comes back, we will put it back up to sell. We wiped out Victor's 401(k) to pay off debt and put a down payment on the new house. We have established a savings account and there is actually money left over at the end of the month....whew!

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  • I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

    in agreement.....there is definately pleasure in living in your own house....

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  • I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

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  • After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.


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  • Why cats are better then men ...

    � A cat matures as it grows older.
    � Back hair on cats is cute.
    � When a cat sleeps all day it's natural, not annoying.
    � Unlike a man, a cat can fend for itself.
    � A cat is loyal.
    � Cats actually think with their heads.
    � "Meow" is never a lie.
    � They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
    � It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
    � To buy a fancy dinner for a cat only costs 35 cents.
    � A cat's friend is less likely to be annoying.
    � Cats can't show love without meaning it.
    � Cats are always cute.

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  • Economists generally say 6 months of expenses.

    If you work in a hot technology with generally good job prospects I would say 3-4 months is good enough. Lot of people under estimate how much money they need on a monthly basis. My suggestion would be to calculate (last 12 months of your total after tax income - your actual savings amount) / 3. This is the amount you actually spend in an average 4 months period last year. Do not go by adding up various expenses. That might lead to missing various payments and would result in a lower monthly expense figure.

    But it would be a good idea to start life insurance for the principal money earner of the family and a will by both parents.

    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.

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  • hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??


    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??


    Durbin-Grassley going after 9 firms.

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    Here is a letter from Sen. Durbin and Grassley to these companies

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  • UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

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  • dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D

    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..


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