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  • Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.




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  • leoindiano
    03-24 08:57 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.




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  • StuckInTheMuck
    08-07 10:31 AM
    Some actual bumper stickers:

    * Watch for finger.

    * Your kid may be an honors student, but you're still an idiot.

    * Cover me. I'm changing lanes.

    * Learn from your parents' mistakes - use birth control.

    * Forget about World Peace...Visualize using your turn signal.

    * I get enough exercise just pushing my luck.

    * I didn't fight my way to the top of the food chain to be a vegetarian.

    * Women who seek to be equal to men lack ambition.

    * I don't suffer from insanity, I enjoy every minute of it.

    * Hard work has a future payoff. Laziness pays off NOW.

    * Some people are only alive because it is illegal to kill.

    * Warning: Dates in Calendar are closer than they appear.

    * Keep honking...I'm reloading.

    * Caution: I drive like you do.




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  • validIV
    06-05 05:43 PM
    Just an offtopic response, I used to trade options, which is far better than margin. Options give you 5 to 20 times leverage. And if you want more leverage, futures can give you 100x more. But my experience is the higher the leverage the more risk you are willing to take which is BAD. I have lost over 60k net (excluding fees) in options trading which I claim every year (max of 3k). I will admit I have had some amazing trades (SNPS, Dollar General and many others) giving me 10-12 times in returns, but I lost more than I made. I used to use IB and Tradeking.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.



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  • gimme_GC2006
    04-13 02:22 PM
    OK...an Update..

    I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.

    duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.

    How do I respond? :eek:




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  • JunRN
    06-06 12:02 AM
    What if a builder offer you a new home with a fixed monthly mortgage that is equal to or lower than your monthly rental on similarly sized home at same zip code, will you take it?

    note: Given that you will get $8k stimulus money to recover your downpayment.



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  • logiclife
    02-21 11:31 AM
    But he is definately worth laughing at. I bet this guy sends flowers to himself on Valentine's day. He is so much in awe of himself, its hilarious.

    He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????




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  • PD_Dec2002
    07-07 10:01 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    So you got called for an interview?

    Thanks,
    Jayant



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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.




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  • waitnwatch
    08-05 09:20 PM
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?

    Best post and best funny post is the first post I guess! Whoever this person is started a good nice fight for no reason so it is the best post.

    That post is also the funniest post because that person also talked about a lawsuit as if it was the same as buying and returning something at Walmart.

    The worst post - All the rest including all of mine for falling hook line and sinker for this bait.



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  • prolegalimmi
    07-11 02:44 PM
    Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!

    Best.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.




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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.



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  • alterego
    11-21 05:37 PM
    This man is truly delusional and ignorant and a total propaganda machine.
    Tonight he is stating that India is going to transfer sensitive nuclear technology that it will get from the USA through the nuclear deal to China.
    Does he even realise India got its ass kicked in a border war with China in the past, and that India and China share a border so that it rather than the US faces a more imminent danger from an all conquering and enabled nation.
    What a moron. Tonight I realised the extent of his hillbilly journalism. All he is after is ratings, he chats pure S#*&. Harvard ought to be ashamed of him.




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  • kaisersose
    04-15 03:10 PM
    Are people seriously arguing that a child will not be happier in a bigger home, everything else remaining constant? Seriously, is someone actually arguing this?

    Seriously? Yes.

    Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.



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  • prioritydate
    08-05 06:24 PM
    <20. If it itches, it will be scratched. We do that.>

    ROTFLMAO.... :D:D:D




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  • GCOP
    07-14 10:30 AM
    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).



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  • Macaca
    05-09 05:51 PM
    After bin Laden, U.S. Will Look East (http://www.realclearworld.com/articles/2011/05/06/after_bin_laden_us_will_look_east_99510.html) By Daniel Kilman | German Marshall Fund

    Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.

    Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.

    Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.

    The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.

    At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.

    U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.

    During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.

    Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States


    Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
    Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
    The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
    Renren, China�s Facebook, sells shares on NYSE
    But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
    By David Case | GlobalPost
    Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
    The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
    China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
    China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes




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  • nk2006
    09-30 03:38 PM
    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.

    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.




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  • Macaca
    02-24 07:33 PM
    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.




    Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.




    alisa
    04-07 03:21 PM
    I never thought online poker would get outlawed in USA. See this.
    http://www.usatoday.com/tech/2006-10-02-internet-gambling-usat_x.htm

    So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.

    This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.

    So, what should be do about this?

    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.



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