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Wednesday, July 6, 2011

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  • pthoko
    07-10 10:07 PM
    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.

    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.



    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??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.





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  • nogc_noproblem
    08-06 11:50 AM
    ..





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  • indianindian2006
    02-23 01:18 AM
    I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.

    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html





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  • Macaca
    08-08 09:19 PM
    A Shameless Congress Applauds `Ethics' Law (http://bloomberg.com/apps/news?pid=20601039&refer=columnist_carlson&sid=aSwNPAuJbnbU) By Margaret Carlson (mcarlson3@bloomberg.net), August 8, 2007

    To much fanfare and self-congratulation, the U.S. Congress passed ethics legislation last week supposedly making the members subject to the same standards of behavior the rest of us live by.

    At almost the same time, a federal court handed down a decision involving a congressman whose office was raided by the FBI last year as part of a bribery case that included the earlier discovery of $90,000 he stashed in his home freezer. The ruling reminds us how much more Washington is like Vegas than Peoria. Under the Constitution, a congressman can protect his legislative files from being searched. In other words, what happens in your Capitol Hill office stays in your Capitol Hill office.

    The ruling came in the matter of Representative William Jefferson, a Louisiana Democrat indicted for bribery in June. Jefferson allegedly got the $90,000 from a telecommunications entrepreneur who enlisted his help in getting approval from a Nigerian official to do business in that country.

    The court didn't buy that the Justice Department did everything it could during the search to shield privileged documents, short of letting Jefferson conduct his own raid. A ``filter team'' removed any material that smacked of Jefferson's legislative duties. The court found the effort insufficient ``to protect the privilege'' of the legislative branch to be free from intrusions by the executive branch.

    Shielding Lawbreakers

    This means that under the principle of shielding lawmakers, lawbreakers may be shielded from legitimate law enforcement. Jefferson's lawyer Robert Trout was thrilled, saying the decision shows that every member of Congress has an ``absolute right to review his records first and shield legislative material from review.'' Federal agents get to see what's left.

    Jefferson must be kicking himself. Why didn't he think to take the loot out of the freezer in his home and disperse it among the files labeled ``congressional bills'' at his office?

    Consider the possibilities. Yes, it would have been hard for former Representative Randy ``Duke'' Cunningham, now in prison, to keep his Louis XIV commode hidden in his office. But he could have easily stuffed any records about goodies provided by his defense contractor pals, such as the lease for his yacht ``Duke-Stir,'' into a file drawer labeled ``Hearings.''

    Like the Jefferson affair, the case of Senator Ted Stevens of Alaska could give a whole new meaning to the phrase Capitol Hideaway. Stevens's house in Alaska was raided last week by the FBI and Internal Revenue Service as part of a broad corruption probe. Stevens has multiple ties to businessman Bill Allen, who, since pleading guilty to bribery in May, is said to be singing like an Arctic loon.

    If Only He'd Known

    With the court's ruling, Stevens could have shipped anything he didn't want to be discovered to the Hart Senate Office Building for safekeeping.

    Stevens and Jefferson are just two of at least a dozen members of Congress under investigation, which puts increasing pressure on the lawmakers to do something about corruption. That something, unfortunately, has loopholes large enough for a Gulfstream V to fly through.

    The ethics legislation allows members to do all kinds of things -- as long as they disclose them. Want to have a fat cat contributor? Just make sure he discloses that he's bundling donations from friends, clients and employees.

    Don't want to give up earmarks? You can still shoehorn an appropriation for millions of dollars onto an unrelated piece of legislation as long as you put your name on it.

    `Bridge to Nowhere'

    The law would have done nothing to stop Stevens from getting his ``Bridge to Nowhere,'' a quarter-mile span connecting an Alaskan town to an island of 50 people, a couple of years ago.

    Gifts and free travel are banned, unless they are part of campaigning. In other words, Congressman A can't have a rare rib-eye, creamed spinach and a bottle of Merlot with Businessman B at the Palm unless it's in conjunction with fundraising. In the case of congressional ethics, two wrongs do make a right.

    The reason disclosure no longer works as a deterrent is that shame no longer works. As the ethics legislation was rolling to passage, Stevens, at a private luncheon with Republican colleagues, threatened to hold the whole thing up if the ban on traveling on corporate aircraft wasn't removed. He will still be able to fly Air Lobbyist. He'll just have to pay for it at commercial charter rates.

    In wanting to keep his perks, Stevens may be the most outspoken member, but he's, by no means, alone. ``Ethics'' is the one area in Congress where there is heartwarming bipartisanship.

    `Culture of Corruption'

    Former Republican Speaker Newt Gingrich and Democrat Thomas Foley filed legal briefs in support of Jefferson. When the court said the search was unlawful, Speaker Nancy Pelosi applauded. Earlier, Pelosi, who once pledged to end the Republican ``culture of corruption,'' took away Jefferson's coveted seat on the House Ways and Means Committee after the FBI raid on his office only to try to award him a coveted seat on the homeland security panel.

    Some legislation is worse than no legislation. Senator John McCain, showing again why he'll never be president, said the ethics bill will delude voters into thinking things have been fixed when they haven't.

    ``This will continue the earmarking and pork barrel projects,'' the Arizona Republican said. ``Again, the American people will have been deceived.''

    Most of the other members are chest-thumping as if they've really done something. The public would be better off if Congress had to live by the laws that apply to everyone else, criminal and civil, and at least a few of the Ten Commandments. I'd start with thou shalt not steal -- and work from there.



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  • vinabath
    03-25 04:40 PM
    BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month.

    If you make money using Biggerpockets... send me $100.:D





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  • amsgc
    08-06 11:21 PM
    .



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  • SunnySurya
    08-05 10:58 AM
    I most definitely do. But all depends who needs the most help and what expense. If you ask me to donate a Kidney if my one my Kidney is already failing, I most likely will not help.
    But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.

    So, you don't believe in helping others.





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  • nogc_noproblem
    08-06 06:36 PM
    One day, Adam sat outside the Garden of Eden shortly after eating the apple...

    ... and wondered about men and women. So looking up to the heavens he said, "Excuse me God, can I ask you a few questions?"

    God replied, "Go on Adam but be quick. I have a world to create."

    So Adam says, "When you created Eve, why did you make her body so curved and tender unlike mine?"

    "I did that, Adam, so that you could love her."

    "Oh, well then, why did you give her long, shiny, beautiful hair, and not me?"

    "I did that Adam so that you could love her."

    "Oh, well then, why did you make her so stupid? Certainly not so that I could love her?"

    "Well, Adam no. I did that so that she could love you."



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  • vdixit
    03-28 01:35 PM
    mariner5555
    Nope I am not a realtor. Just another EB2 person stuck in the never ending battle for GC. I can see your points, but financial hardships dont exactly change with GC. In this economy a GC is no guarantee for a job part-time or full-time.
    The house I am talking about was in a metropolitian area so probably thats why we didnt have too much trouble selling it. Selling it was very important since we were moving out of state for jobs. So perhaps I didnt ask for too high a price-no loss however, just not the 150k profits people had seen before the crash.
    I totally agree that house is a long term commitment and that location, the timing and the place you find yourself in your life are the most imp things. But I still refuse to believe that not having a GC should stop someone from simple pleasures of living such as owing a house to raise your family in.
    Just my 2 cents.





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  • GC_Applicant
    04-09 01:05 AM
    Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.



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  • rvr_jcop
    03-26 07:21 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.





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  • alisa
    12-27 12:50 AM
    We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
    Thanks for your honesty.
    There was an entire non-state machinery that was built to fight the Soviets and to fight India. But the problem is, you can't dismantle it instantly.
    And this machinery is now fighting against the government in Pakistan. Remember Benazir's assassination this time last year? Do you recall the multiple assassination attempts on Musharraf? And officers of the army were behind those.

    So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.

    The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.



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  • trueguy
    07-14 10:57 AM
    Guys/Gals,

    Please stay focused and get the petition ready. I can easily get 50 friends of mine (who are not on IV) send those letters.

    Thanks





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  • gcisadawg
    12-23 01:02 AM
    Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    You are right. It is futile to pick a person and to make him a representative of a billion humans. No matter if that person is deemed as a terrorist, a moderate or virtue personified. Ultimately, a person is a product of his/her circumstances. He/she might be moderate/personification of virtue now but who knows what circumstances he encounters and how his/her thought process metamorphose.



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  • smisachu
    07-14 11:04 PM
    We need to concentrate our efforts in achieving relief for everyone in the EB community whether they are EB1/2/3 India/China or ROW. This infighting or dispersed efforts will not yield any results.

    We should all strive for the passage of the 3 Lofgren Bills. Please contact your state chapter and help IV channel our efforts where it could be effective.

    One observation: I am seeing a lot of individual efforts by many folks. I did not see their participation when we were trying for passage of the 3 bills through letter campaigns and phone campaigns.
    Well at least you have woken up now...I will not complain.

    Let us focus our efforts and get permanent fix instead of some temporary move by a screwed up system which at the end of each FY bumps up numbers in a one upmanship between DOS and USCIS. We all are caught in the middle and suffer.

    My request to all the people re energized, we could really use your help in working on the lobbying efforts. Please contact your state lead as the issue cannot be posted on open IV forms.





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  • Green_Always
    06-08 08:06 PM
    Wish you good luck to get Job quickly.


    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.



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  • rheoretro
    11-12 02:28 PM
    rheoretro Surely there is a distinction between illegal immigrants and Latinos (though I am not sure how thick is the line) but I did say that we cannot have even a whiff of support for illegal immigration be it from any country, including India.

    It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.

    A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.

    Bottom line? Illegal immigration in any form is not acceptable.

    English_August: Actually, it is a very thick line between legal and illegal immigration, as far as Latinos are concerned. There has been strong Latino/Hispanic immigration (legal) into the US for several decades now, if not a whole century, which is also possible. There are third and fourth generation people in the US of Latino/Hispanic ancestry. It's just that there was a serious influx of illegal immigrants in the US over the last ten to fifteen years, and the media makes it seem as if they are all illegal. That is not true.

    I agree - illegal immigration in any and every form is unacceptable. I am familiar with SAALT, including their executive director, Deepa Iyer. While I admire the community outreach work that they do, I too differ with them over a blanket amnesty. BTW, it was Deepa who corrected my false impression recently. The numbers for illegal immigrants from India are astoundingly high - the estimate is between 300,000 and 400,000. That number compares with the number of people in the legal immigrant EB pipeline from India, probably.

    At the end of the day, it, sadly, does come down to numbers. Even in 1986, in Reagan's time when the Simpson-Mazzoli bill was passed, amnesty of some form was given to people who had either entered the country illegally or had over-stayed their visas. This time the number of illegal immigrants is much higher, and Congress can't ignore this problem anymore. At least the American people seem to have clearly told Congress to put aside petty partisan squabbling, and get the people's work done on Capitol Hill.

    I am simply amazed by this dismal statistic - IV claims that there are about half a million people stuck in immigration backlogs/retrogression. Then why does IV have a membership that merely represents barely 1% of this pool? 6500 members isn't enough. Capitol Hill treats you differently if you say that you have 20,000 or 30,000 members...you get more attention.





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  • nogc_noproblem
    08-26 11:00 PM
    This is awesome�����.


    This is hilarious........


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  • gapala
    06-05 10:05 PM
    Real estate cycles are lenghty ones.. not like stock markets which turn around in 4 to 5 years.. Real estate booms are seen once in every 15 to 18 years... This is because the sum of amount is huge and the stabilization time frame.

    Based on current outlook, the prices for houses will fall until end of 2010 and will stabilize in next 5 to rise again by 2015 to 2017. This is purely based on historic pattern.. Now god kows what these crazy folks like Bernankie (15 fold increase in currency base projected in Fed Reserve BS. :D) and Gessner' (foolish tax payer investment in GM though it looks like payback to unions) interfearance will do to this country...

    Some people jump guns and create demand for home to get $8000 credit... you can see now the builders are increasing prices for homes in the market... slowly.. but will not sustain into 2010.. it will fall for one important reason, supply is too much.. oh by the way.. 30% of home owners want to sell their homes in this market to avoid further fall... based on recent survey..





    lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.





    akela_topchi
    01-09 06:16 PM
    Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)

    What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.

    If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?



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