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  • axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    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?




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  • Administrator2
    04-06 09:03 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.




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  • nojoke
    04-14 04:33 PM
    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.

    You ddin't get my point. 7 year old kid gives more importance to these than a house. I am not saying playstation3 is equal to housing.:(

    If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.




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  • mariner5555
    03-24 04:03 PM
    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
    came across nice comments about NJ - comments from the people were more interesting than the article itself - one of them mentioned NJ and hence am posting it. The comments below are from other people (not mine) --it gives you an idea as to how Americans feel about housing
    -----
    can tell you in NJ, first time buyers are still screwed and stand no chance of buying right now. Let me set the scene for you. I just turned 25, I made $70k last year ($60k salary $10K bonus), I have 0 credit card debt and have never paid a cent of interest on a credit card. I have no student loans and a finished paying off a car loan in 2.5 years. I have $40k in savings and get an additional 10% of my income put in to a SEP IRA at year ($7k last year, $13k total). I would say I'm doing alright for only being in the workforce for 2.5 years, and I still have to live with my parents. Home prices here are unjustifiably high. On top the ridiculous home prices, I have to figure in the MINUMUM of $500 a MONTH in property taxes due to the complete ineptitude and corrupt nature of my state's government (if you want a never ending source to write about, this would be the place). The AVERAGE property tax in NJ is $6,800/year = $566/ month. Looking at a condo also doesn't work because you can't find a place with association fees of less than $250/month, so no point in paying a lower price for a condo. The ones that are still nice w/ 2 br. & 1 bath list for $300k. Between fees and taxes, you are down $700/month and haven't even gotten to your mortgage yet. I have no choice but to wait and HOPE the economy continues to crumble, while hoping that I stay employed throughout the whole ordeal. All of these action the Fed and the Gov't are taking to soften the blow are doing nothing but screwing me and other first-time buyers. They should just let the bottom fall out already so that people my age can even have a chance to survive on our own.
    -------
    Buy a house and watch the value continue to tank for the next five years....I'm sure all first time buyers are thrilled at the prospect of being "upside down" in their first mortgage. Also, Fed rate cuts also don't always translate to better mortgage rates. Lenders aren't thrilled about locking buyers into fixed low rates.
    -------

    Housing prices double in less than 5 years. Then they go down about 10% such that in the last six or seven years, prices have gone up only 80%. So now houses are suddenly a bargain because they aren't quite as overpriced as they were last year? That's like my neighbor joking that gas prices are cheap when they go below $3 a gallon. Houses have a long way to go before they are a good value. You are much better off renting from someone who is desperate to not sell their house for a loss. After a year of renting, you can get that house for less than today's cost plus a year of rent. Oh, and one other thing. Get a 30 year fixed loan with the lowest rate you can find. Make sure you pay attention to the fees, so you are covered there. Go through the process with at least two separate people, so you can easily switch when one tries to screw you. The last thing you want is an ARM when interest rates are sure to go up when the screaming about inflation reaches Washington DC.
    ---------



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  • anandrajesh
    03-25 05:06 PM
    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)

    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.




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  • kaisersose
    04-14 12:00 PM
    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
    Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.

    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.



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  • willIgetGC
    08-12 07:51 PM
    We will get GC if they Outsource these jobs to India and China, any ways these people are not working zimbly telling name checker, they dont want to yearn meney.




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  • anadimisra
    02-12 03:20 PM
    There was another thread calling Indians "Cheap".

    "Indian Origin People" is a very broad category of people and only being from the same community does not give you any right to defame the whole community.



    IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE



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  • xyzgc
    12-31 12:55 PM
    For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

    Internal security needs great improvements but even there our administration is not taking many active steps.

    Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

    If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

    Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
    China has surpassed everyone, India has created a place but Pakis are far behind.
    But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.




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  • Legal
    08-05 09:00 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D



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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.




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  • GCKaMaara
    01-10 04:55 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.

    About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.



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  • sc3
    07-14 05:17 PM
    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....




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  • bkarnik
    08-06 06:23 PM
    Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.

    Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.

    "What happened to you," asked Hillary?

    "Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."

    "My God, what did you tell them?" asked Hillary.

    The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."



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  • RNGC
    06-23 04:37 PM
    If you are worried about 485 getting denied then -

    1. Buy a house now and live in it for 10-15 years and build up equity.
    2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
    3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
    4. But bigger house after GC gets approved OR go back home.

    2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.

    good!




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  • sab
    01-08 01:50 PM
    Both these incidents make you shudder in disbelief and disgust for those who believe in wars and bloodshed.



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  • CreatedToday
    01-06 05:12 PM
    If CNN is pro-Israel why would they stop it, instead Israel should take them in.

    Recently during Diwali celebration, one boy ....

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    ............the same time encouraging other side to kill more and more.




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  • ArkBird
    01-06 05:32 PM
    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.


    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.




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  • gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.


    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.




    desi3933
    03-23 05:09 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 ?

    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.




    chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?



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