Sunday, July 3, 2011

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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.





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  • nojoke
    01-04 04:52 AM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    Your post is a little rude. War is not good.
    But your argument can be turned against you. 'So many suffered in Bombay blast and got killed. They need justice. And so many suffer everyday. It is comfy for you to sit here and say peace and ignore the terror attacks. If you or anyone in your family has suffered these terror...' You got the point?





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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.





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  • GCInThisLife
    07-19 02:17 PM
    UN,
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    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.



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  • fcres
    08-10 01:07 PM
    since u r the primary applicant choose option 1
    I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.





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  • gcisadawg
    01-07 05:39 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    dude, that is gross! There are so many others who follow Islam and just because a minority is engaging in terrorism in the name of the religion, you can not paint all with the same brush. I hope sense prevails here. If you want, attack refugee's pioint of view not his religion.

    This is becoming crap. I request the moderators to throw this thread to where it belongs.



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  • Madhuri
    04-05 08:12 PM
    Jang.Lee,
    I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
    Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.

    Please check your PM.

    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.





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  • srkamath
    07-13 12:16 PM
    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.



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  • gc28262
    12-24 03:45 PM
    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.

    Can't agree more. I wonder when IV core will wake up and start moderating these threads.

    IV has become a platform to turn away people than uniting.
    Maybe we can start the count-down for the death of IV as an Immigration site.



    .





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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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  • purgan
    01-28 10:44 AM
    what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...





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  • sroyc
    10-01 11:38 AM
    Irrespective of who wins, the state of the economy will decide whether immigrant friendly bills will be passed by the Congress. When the times are good, when most Americans are happy with their jobs, very few people will spend their time opposing bills that favor us.

    I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.

    Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.



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  • SunnySurya
    08-05 10:45 AM
    And may I please ask how do you know that?
    May be 1% of EB2. Good to know that.





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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris


    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.



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  • kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris





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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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  • sanju
    05-17 01:50 PM
    Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.

    BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops


    UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    H-1B is also allowed for part times.



    SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.





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  • sledge_hammer
    03-23 01:24 PM
    I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?





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  • gcdreamer05
    03-23 02:02 PM
    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:

    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?





    NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�





    anandrajesh
    03-23 11:11 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.



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