Monday, July 11, 2011

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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?





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  • skd
    12-29 03:10 PM
    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
    Cheers!
    .

    funny





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  • DSJ
    05-17 02:54 PM
    That is my point, being an employee you are not fully working for your company growth. Then don't talk about a consultant is illegal when he don't get paid.

    If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.

    Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.





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  • Dipika
    08-05 09:04 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, .....

    Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
    if these 4/5 yrs experience added, then they are eligible for EB2.
    To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
    So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.

    we should do progress togather. Remember we are I + We (IV).



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  • dealsnet
    01-07 10:49 AM
    Satan (Lucipher) is trying to take people from god. He will not repent. He is taking more followers every day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.





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  • alisa
    12-27 02:09 AM
    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger.
    I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
    I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
    But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
    I don't know who all controls the nukes. The army is certainly one part of it.



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  • GCappli
    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..





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  • Macaca
    12-21 05:34 PM
    Polls Aside, Bush Ends Year With Victories (http://online.wsj.com/article/SB119819850269643697.html) By John D. McKinnon | Wall Street Journal, Dec 21, 2007

    WASHINGTON -- President Bush is ending the year with the approval of just one in three voters, according to the Wall Street Journal/NBC poll, but he is enjoying a string of legislative successes in Congress, on matters from Iraq-war funding and the federal budget to energy policy, tax increases and mortgage relief.

    Bush aides believe they benefited from overreaching by Democrats flush with their 2006 election victory. The White House began the year by laying out relatively modest goals on issues like energy and federal spending. They clung to those goals, even as some Republicans in Congress wavered. White House officials wagered that voters care about concrete results and ultimately would blame Congress, not the White House, if results failed to appear. That made their hard-line negotiating more effective as the year wore on.

    Democrats became more eager to reach accords on issues such as energy after the Thanksgiving break, administration officials said. Meanwhile, with each victory -- on war funding, on foreign- intelligence wiretapping and on the proposed expansion of a children's health-insurance program -- Republicans on Capitol Hill gained more confidence.

    "I leave the year feeling good about our capacity to get some important things done," Mr. Bush said yesterday at a news conference.

    Meeting with reporters this week, Speaker Nancy Pelosi said Democrats might have raised expectations too high in their attempts to cut off Iraq-war funding. Some top Democrats said they were surprised Mr. Bush refused to cave in and negotiate a deal on children's health.

    Democrats rejected comparisons with the Republican Congress of 1995, which famously overreached in its clashes with the Clinton administration. Democrats also dismissed the White House view that Mr. Bush's determination helped congressional Republicans regain their political footing.

    "Here's the problem: When people say they want a change, the reference point is from George Bush," said Rep. Rahm Emanuel, the House Democratic caucus chairman and a top party strategist. "And now the Republicans have decided to get closer in the photo [to] George Bush. I will pay their cab fare every day for them to go to the White House to do that. I'll rent the bus so the whole caucus can go."

    White House aides said they are developing contingency plans for next year, aimed at shoring up the economy, if necessary, and perhaps at sweetening voters' sour mood about their finances. The nature and extent of administration proposals depend in part on whether the economy weakens as some experts predict, but two possible prescriptions could include new health-care proposals and Mr. Bush's trademark tax cuts.

    The president said his administration will "consider all options" to stimulate the economy. He urged Wall Street banks to record all losses relating to the housing crisis immediately. To tighten wasteful government spending, he said his administration would consider options for overriding some congressional "earmarks."

    Democrats say many Republican successes resulted not from the popularity of their positions but from the high procedural barriers to passing legislation in the Senate. Majority Leader Harry Reid's office this week sent out a list of 62 procedural votes that Republicans had forced in the Senate, contending it is a record.

    Democrats say they enacted five of their six major initiatives, including raising the minimum wage; passing energy legislation; enacting recommendations of the 9/11 commission; helping make college costs more affordable; and opening up stem-cell research. Mr. Bush vetoed the stem-cell bill, but the rest became law.

    While Democrats made big concessions on their spending totals, they say they realigned priorities within those limits. They also say the children's health issue will haunt the White House in the summer when states start to run out of money. And Ms. Pelosi said Democrats would be "relentless" next year in seeking to hold the administration accountable on Iraq.


    Sentiment Aside, Bush Scores Wins (http://blogs.wsj.com/washwire/2007/12/21/sentiment-aside-bush-scores-wins/) By John D. McKinnon | WSJ Blog, December 21, 2007



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  • unitednations
    08-02 11:55 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    very good information. I just hope it isn't too late for people to put in the correct information into the forms.

    I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

    Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

    I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.


    Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.





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  • nogc_noproblem
    08-06 12:14 PM
    A man realizes he needs to buy a hearing aid, but he is unwilling to spend much money.

    "How much do they run?" he asks the clerk.

    "That depends," says the salesman. "They run from $2 to $2,000."

    "Let's see the $2 model," the customer says.

    The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.

    "How does it work?" the customer asks.

    "For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."



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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.





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  • vghc
    01-07 04:32 PM
    You asked me and i tell you this. This news article was written by well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.

    Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.

    http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html

    I don't like either of that 2 sides, they are just a torn on this earth.
    But you know what, don't expect peace if you use violence to obtain it.
    It'll won't work and never will.



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  • kawosa
    12-25 09:26 AM
    We suffer due to the unfairness of a system that hinges upon the place of your birth! We demand that there be no quotas based on "country of birth" and that we ask for equitable treatment.
    Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?
    I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.
    There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.
    All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
    So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.

    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.





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  • sanju
    12-17 04:38 PM
    sledge_hammer, xyzgc, truthiness,

    please remove bold text from your post in response to acool. In the words of Contessa Brewer, acool is a Fother Mucker.


    .



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  • Rayyan
    01-07 11:07 AM
    Pathetic!!!!!!!!!!

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

    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
    __________________





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  • ita
    01-04 01:56 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.



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  • redcard
    03-23 05:20 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.

    Here is the document which clearly states for lawful status into US.

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf


    You should be good incase you meet the requirement,





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  • lfwf
    08-05 02:37 PM
    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.



    I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?

    I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.

    So let me come to the point, question for OP. Are you against all porting? Or only against porting based on lack of qualifications for an EB2 job originally- then porting 5 years later based on the additional experience alone?

    BTW I resent the insinuation that 1% of EB2s are genuine. The same can be said of many many EB3s- remember the qualifications required are much lower.
    I also resent the idea that all US Masters folks are just "rich kids". Most people work through the degree and/or take loans. Please don't start making needless statements. If you had a masters originally and your job qualified as EB2 but your company refused- I feel for you, I really do. There should be a solution to your problem. That does not mean that those who did get EB2 were all suddenly not "genuine".

    Also I want to clarify something- this is purely objective now. Yes GC is for a "future job" but folks are over reaching with some of the arguments. In order to get an EB2 (or EB3) for this "future job- you either have to show current employment with the sponsor OR show the job offer qualifying for that category at the time you apply. The "future job" cannot be a nebulous idea that you make concrete at a later time.





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  • vagish
    04-07 09:55 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.
    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.





    apt29
    08-05 03:24 PM
    Those are not in IT are caught in between the IT folks!





    sk2006
    06-06 01:31 AM
    .. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I agree.



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