Thursday, June 30, 2011

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  • unitednations
    07-08 04:44 PM
    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.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.




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  • NKR
    09-30 02:55 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.




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  • easygoer
    01-06 06:35 PM
    Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.

    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.




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  • pappu
    03-25 07:03 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?

    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.



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  • gomirage
    06-07 01:13 AM
    I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.

    The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.

    Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?

    No one will argue with you about buying a house for yours kids pleasure though.




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  • cinqsit
    03-26 06:25 PM
    Alas cannot upload an attachment either ..



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  • axp817
    03-26 05:15 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?




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  • yabadaba
    08-11 01:43 PM
    http://www.flcdatacenter.com/CaseH1B.aspx

    you will have to type in cable news in the employer name box

    and change the state to Georgia



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  • puddonhead
    06-26 07:57 PM
    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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  • funny
    09-30 02:38 PM
    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.

    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.



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  • a_yaja
    05-16 09:46 AM
    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!

    I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.




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  • bfadlia
    01-07 02:44 PM
    You say romans converted egyptions to christianity. If it is true, romans follow catholic church. Coptic is Othodox christians, started during the period of apostole. Romans may ruled them, but every one is coptic. Not changed the religion by force. You contradit your statement.
    Mohamed copy bible and make his own version and misled the people. It is like a cult. Like Mormon in USA. It is written in the bible. 'Those who change any word from the bible will be punished'. Mohamed's fate decided by God.

    Buddy.. I'm not trying to argue with you.. just hope you get more information about what you are talking about.
    1- Coptic tradition claims that St. Mark brought Christianity to Egypt around 50 CE. A small community of Christians developed in Alexandria in the late first century, and became more numerous by the end of the second century. Some similarities in beliefs helped Christianity to be accepted by Egyptians, including the beliefs that the Egyptian god Osiris was both human and god, the resurrection of Osiris, and the godly triad of Osiris, Isis, and Horus.
    During the third and fourth centuries, the Romans persecuted various religious dissidents, especially Christians. The emperor Diocletian attempted to restructure and unify the Empire, and instigated some harsh reforms which led to rebellion among the Egyptians. Diocletian then began extensive persecutions of Christians, which was referred to by Copts as the Era of Martyrs. The year of Diocletian's accession (284 CE) was designated Year One in the Coptic Christian calendar in order to observe the tragedies. Christianity was threatening to the Roman Empire because its strong monotheistic belief "made it impossible for its serious adherents to acknowledge the Roman emperor as a deity" (Carroll 1988). Also, many important leadership positions in Egyptian society and the military were held by Christians.
    2- According to Jews, god would never change the commandments of the old testament which jesus did.. so for them he was blasphemous.. you just shrug this off as a christian.. by the same token why do u think muslims would care what u think of Mohamed?
    Speak for yourself and stop talking on behalf of god.



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  • smuggymba
    07-30 11:53 AM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.




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  • SunnySurya
    12-22 04:32 PM
    My feeble mind is unable to decipher your point, please explain a sentence a two.
    Only thing I know is group of 10 killed 300 in Mumbai
    and group of 21 killed 2000 in New York
    Where is the gray in there?
    Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
    Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
    (another example of the tyranny of the majority against minority) .
    Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


    And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.



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  • mariner5555
    04-15 02:19 PM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
    this maybe your view .. but I can find some faults with it.
    yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
    I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
    now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
    now this maybe different for some people ..maybe those earning more than 125 K or with double income.
    also ..do you mean people should pay more for a house than it is worth ??

    I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
    once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
    (but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
    the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
    btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)




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  • DoNotWorry
    04-08 12:18 PM
    This might be good for developing countries!!!! Don't worry guys, the world will evolve on new terms. As Bill Gates told, if workers can not come here, the Companies will go to that Countries.



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  • gk_2000
    07-29 05:51 PM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..




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  • Ramba
    09-28 01:50 PM
    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.

    Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.




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  • gimme_GC2006
    04-13 09:26 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,
    cinqsit

    thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)




    nogc_noproblem
    08-05 02:21 PM
    The ten Commandments of married life

    Commandment 1: Marriages are made in heaven. But so again, are thunder and lightning.
    Commandment 2: If you want your wife to listen and pay strict attention to every word you say, talk in your sleep.
    Commandment 3: Marriage is grand -- and divorce is at least 100 grand.
    Commandment 4: Married life is very frustrating. In the first year of marriage, the man speaks and the woman listens. In the second year, the woman speaks and the man listens. In the third year, they both speak and the neighbors listen.
    Commandment 5: When a man opens the door of his car for his wife, you can be sure of one thing: either the car is new or the wife is.
    Commandment 6: Marriage is when a man and woman become as one; the trouble starts when they try to decide which one.
    Commandment 7: Before marriage, a man will lie awake all night thinking about something she said. After marriage, he will fall asleep before she finishes.
    Commandment 8: Every man wants a wife who is beautiful, understanding, economical, and a good cook. But the law allows only one wife.
    Commandment 9: Marriage and love are purely a matter of chemistry. That's why the wife treats the husband like toxic waste.
    Commandment 10: A man is incomplete until he is married. After that, he is finished....




    nojoke
    09-26 07:17 PM
    though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
    someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
    but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
    I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
    so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.

    How is giving tax break to the business helping us in the time of recession? If your company is not selling products, it will hire more to do what? The tax cut will simply go to executives and there will be layoffs. Trickle down economy is a scam.
    Did you compare Obama's tax plan with McCain's. Go to CNN and you will that you will get more from Obama than from McCain's tax cut. How is universal health care bad? There are 50million without healthcare here. Soon your company will say that it cannot pay your healthcare plans because it is getting costly. The middle men(insurance companies) maybe eating more of your money than the actual health care costs. The long lines are due to less available doctors, not because of universal healthcare.
    "A Commonwealth Fund study of six highly industrialized countries, the U.S., and five nations with national health systems, Britain, Germany, Australia, New Zealand, and Canada, found waiting times were worse in the U.S. than in all the other countries except Canada. And, most of the Canadian data so widely reported by the U.S. media is out of date, and misleading, according to PNHP and CNA/NNOC."



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