Thursday, July 7, 2011

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  • alterego
    07-13 02:18 PM
    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

    In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.





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  • axp817
    03-25 01:59 PM
    If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.

    No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.

    And I know you were just joking, tee hee.





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  • NKR
    08-06 03:29 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?





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  • Refugee_New
    04-08 12:59 PM
    Apart from location, area, school district and population etc,

    If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.

    What do you guys think?



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  • panky72
    08-06 03:17 PM
    A stranger was seated next to a little girl on the airplane when the stranger turned to her and said, 'Let's talk. I've heard that flights go quicker if you strike up a conversation with your fellow passenger.'

    The little girl, who had just opened her book, closed it slowly and said to the stranger, 'What would you like to talk about?'

    'Oh, I don't know,' said the stranger. 'How about nuclear power?' and he smiles.

    'OK, ' she said. 'That could be an interesting topic. But let me ask you a question first. A horse, a cow, and a deer all eat the same stuff - grass - . Yet a deer excretes little pellets, while a cow turns out a flat patty, and a horse produces clumps of dried grass. Why do you suppose that is?'

    The stranger, visibly surprised by the little girl's intelligence, thinks about it and says, 'Hmmm, I have no idea.'

    To which the little girl replies, 'Do you really feel qualified to discuss nuclear power when you don't know S-H-I-T?:D





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  • Macaca
    12-29 07:13 PM
    Rights activist's life term sparks protests across India (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122802579.html) By Emily Wax | Washington Post

    Street protests spread across India this week after a court handed down a life sentence to a prominent activist and physician who has long drawn attention to the country's growing economic inequalities.

    In a case that has prompted denunciations by international human rights groups and scholars, prosecutors said Binayak Sen, 60, had aided Maoist rebels in rural India, visiting Maoist leaders in jail and opening a bank account for a Maoist, charges that Sen denies. Human rights activists allege that police planted evidence and manufactured testimonies, and Indian judges have criticized the Dec. 24 judgment.

    Soli Sorabjee, a former attorney general, called the ruling "shocking."

    "Binayak Sen has a fine record," he said. "The evidence against him seems flimsy. The judge has misapplied the section. And in any case, the sentence is atrocious, savage."

    Sen, a pediatrician, has worked for decades to help people displaced by violence and government land seizures in India's mineral-rich regions. Despite the country's booming economy, hundreds of millions of Indians remain mired in poverty - a stubborn inequality that has helped fuel a deadly Maoist insurgency in as many as 20 of India's 28 states.

    The ragtag Maoist rebels, called Naxalites after Naxalbari, a village in West Bengal state where the movement was born in 1967, seek to gain power through armed struggle. They claim to fight for the poor and India's marginalized tribal groups but have also been accused of widespread atrocities. Prime Minister Manmohan Singh has called the Naxal movement the "biggest single threat to India's internal security."

    Sen, who was arrested in 2007 and was not granted bail for two years, says he was targeted solely because he was a vocal critic of the government's use of armed groups to push villagers out of mineral-rich forest areas. His sentencing comes as major economies, including the United States and China, are seeking access to India's growing markets - a sign of the country's emergence as an economic superpower.

    "Anyone in India who dissents or questions the superpower script is ostracized," said Kavita Srivastava, national secretary of the People's Union for Civil Liberties, of which Sen is a vice president. "Sen's arrest is happening because this government is extremely anti-poor. Our much-praised 9 percent growth is coming at the cost of displacing millions of people with land that is being given away for mining and corporate development."

    Sen's difficulties with Indian authorities have drawn global attention before. In 2008, an effort led by 22 Nobel laureates failed to secure Sen's release on bail so he could travel to Washington to receive the prestigious Jonathan Mann Award for his efforts to reduce the infant mortality rate and deaths from diarrhea.

    This time, protests erupted after a court in the eastern state of Chhattisgarh convicted Sen on two counts of sedition and conspiracy, sentencing him to life imprisonment. He was found not guilty of a third charge of waging war against the state, a crime punishable by death.

    A growing number of Indian intellectuals and human rights activists have spoken out on his behalf this week.

    "Binayak Sen has never fired a gun. He probably does not know how to hold one," historian Ramachandra Guha wrote in the Hindustan Times. "He has explicitly condemned Maoist violence, and even said of the armed revolutionaries that theirs is an invalid and unsustainable movement. His conviction will and should be challenged."

    Sen's wife, also a doctor, said in an interview that she is launching an international campaign to do just that.

    "He is a person who has worked for the poor of the country for 30 years," Ilina Sen said. "If that person is found guilty of sedition activities when gangsters and scamsters are walking free, well, that's a disgrace to our democracy."


    Nobel Laureates Unable to Win Release of Doctor (http://www.washingtonpost.com/wp-dyn/content/article/2008/05/29/AR2008052903578.html?sid=ST2010122803216) By Nora Boustany | Washington Post



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  • cherupally
    07-17 01:27 PM
    Thanks a bunch for the replies UN..

    I have a quick Question in G-325A form about the previous addresses in last 5 yrs.. My credit history addresses do not match my paystub addresses.. So, which addresses do I need to put in this form.. Paystub addresses or Credit history addresses.. Will INS ask for proof of past addresses? I am confused.. Pls help..

    Thanks a lot...





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  • pthoko
    07-11 05:27 PM
    Putting more pressure on the UN

    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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  • Ahimsa
    02-22 06:46 AM
    ... there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.

    Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.





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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?



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  • pmb76
    12-20 02:11 PM
    great post redcard. I gave you green.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..





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  • Macaca
    12-26 08:38 AM
    Congressional Quarterly now conducts multiple voting studies and often does not count procedural votes. To get the most politically accurate result, the NRCC monitors only how often the freshmen vote with Pelosi, who as speaker usually votes only on the most important issues. Washingtonpost.com's party unity score is based on all votes.

    Rep. Brad Ellsworth (D-Ind.), who has opposed more than half the journal votes, called his opposition "protest votes against little things I heard during the day" before.

    "I hope the people back home are monitoring all my votes," he said.



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  • Administrator2
    01-08 03:56 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2





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  • rvr_jcop
    03-26 09:13 PM
    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

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

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



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  • unitednations
    08-09 02:20 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

    I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.





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  • ksr
    08-14 05:45 PM
    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available


    Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.



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  • SunnySurya
    08-05 11:21 AM
    You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)





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  • mrow
    07-07 10:34 PM
    Don't waste your time there. I too had applied for EAD renewal in March, and it expired in the end of June. Contacted the local office but they said they could'nt do anything. Got my 485 approval 2 weeks before our EADs expired! I had even contacted a senator out of desparation when the USCIS had pushed the EAD processing back by 6 months and with a mortgage payment, baby and with no unemployment benefits that would have been hell. Your best bet at this point is your senator and a good attorney. Don't worry about the attorney fees - it will be worth it in the end. Good luck, I feel for you.





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  • rockstart
    07-14 02:27 PM
    People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.

    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...





    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.





    mmillo
    07-08 12:57 PM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..


    UN

    we miss you and your experience



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