Saturday, July 2, 2011

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  • unitednations
    08-14 09:17 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


    I don't see much of a problem because it was less then 180 days.

    Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

    I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

    I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.





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  • walking_dude
    08-05 10:39 AM
    Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.

    Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?

    All I am saying is don't take decisions based on emotion. Give reality a chance.

    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.





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  • Refugee_New
    01-06 06:00 PM
    Are they poor? I doubt, this is luxury!

    "... at least two of his four wives, as well as several of his children ...

    Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...

    He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
    ...
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    I am not talking about who is right and who is wrong. What i am saying is "whole world is watching while genocide happens in palestine". thats it.

    See when Georgia attacked its neighboring state, Russia came for its rescue. Every nation, every leader condemn the Russian aggression against Georgia. I don't know who is right and who is wrong. But all the world leaders urged the killer to stop killing.

    Thats not happening in this case. When UN try to bring a resolution on cease-fire, so called peace loving leader veto it. What does it mean? Doesn't it mean its a green signal for killing and murdering?





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  • unitednations
    03-26 04:42 PM
    UnitedNations

    What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

    Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

    Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO

    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).



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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno





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  • pappu
    03-23 11:45 AM
    How did you verify if the call was really from Immigration services?



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  • prolegalimmi
    07-11 02:44 PM
    Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!

    Best.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

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

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.





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  • thomachan72
    07-08 08:56 AM
    Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.



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  • unitednations
    03-26 02:32 AM
    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf

    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.





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  • go_guy123
    07-28 03:39 PM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)

    Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
    GOP wants to restrict the family based as well....source of chain immigration.



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  • rsdang
    08-22 11:59 AM
    new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy who was creating most of the problem out. But he doesn't know how to put it in English. He went near the guy. Shouted, "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted, "Don't follow me" and went inside the class..........





    # Giving a punishment:

    *You, rotate the ground four times...

    * You, go and under-stand the tree...

    * You three of you, stand together separately.

    * Why are you late - say YES or NO....(?)



    # Sir at his best:



    Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them. So the next day at school... (To that boy) - " Yesterday I saw you WITH MY WIFE at the Cinema Theatre"





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  • neoneo
    04-08 01:06 AM
    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.



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  • Alabaman
    08-13 08:11 AM
    ... nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..


    better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)





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  • gc4me
    08-11 04:26 PM
    After digging to a depth of 100 meters last year, Russian scientists found traces of copper wire back 1000 years, and came to the conclusion that their ancestors already had a telephone network one thousand years ago.


    So, not to be outdone, in the weeks that followed, American scientists dug 200 meters and headlines in the US papers read: "US scientists have found traces of 2000 year old optical fibers, and have concluded that their ancestors already had advanced high-tech digital telephone 1000 years earlier than the Russians."


    One week later, the Indian newspapers reported the following: "After digging as deep as 500 meters, Indian scientists have found absolutely nothing. They have concluded that 5000 years ago, their ancestors were already using Bluetooth and Wireless technology."



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  • nojoke
    04-14 01:46 AM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    Maintenance
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.

    Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
    All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.





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  • Macaca
    12-28 06:29 PM
    China's Sudan Predicament (http://www.huffingtonpost.com/joe-lauria/chinas-sudan-predicament_b_801655.html) By Joe Lauria | Huffington Post

    The age of ideology in China may soon be ending. Caught between its longstanding opposition to independence movements worldwide and its expanding economic interests, Beijing finds itself remarkably choosing to court a separatist government in south Sudan.

    The south is scheduled to vote on January 9 on independence from Khartoum after 43 years of civil war that left more than 2 million people dead. The referendum is still uncertain amid fears of a new war. But if the vote goes ahead, the south is overwhelmingly expected to break the continent's biggest nation in two.

    China has long had substantial investments in all of Sudan, the most of any foreign country. It has a 40% stake in the oil industry and 60% of Sudan's oil is exported to China. To protect those interests Beijing has supported Khartoum in the U.N. Security Council over separatist movements in Darfur and, until recently, in the south.

    That was consistent with China's opposition at the U.N. to separatist movements elsewhere in the world, such as in Kosovo and East Timor. The aim has been to give no encouragement to Taiwan and its own restive minorities in Tibet and Xinjiang. Those independence movements are watching what China does abroad. Taiwan, notably, was among the first countries to recognize Kosovo.

    Until early this year, China steadfastly opposed southern independence in Sudan too. But China saw the writing on the wall in Juba and was faced with a choice: either risk emboldening its domestic independence movements or its oil investments in the south, where 80% of the country's petroleum is found.

    "Khartoum had insisted that they alone were the interlocutor on oil for a long time and the Chinese respected that," said Fabienne Hara, an Africa specialist at the Brussels-based International Crisis Group. Khartoum awarded China's four oil concessions. But by 2007 the south Sudanese realized they needed China if they were to become independent and the Chinese realized they might soon need an independent south Sudan too, if the oil went with it. "It is pragmatism. I don't think anyone believes that the referendum process can be stopped," Hara said.

    China opened a consulate in Juba, the south's capital, a normally unusual move for Beijing in a place that wants to break away. Chinese Communist Party officials routinely visit the south. Southern leader Salva Kiir has twice visited China.

    But Beijing must walk a fine line between courting the south and not alienating the north. It still has major business there, including arms sales and infrastructure projects. Li Baodong, China's U.N. ambassador, told me that Beijing is clearly trying to stay on good terms with both sides.

    "We respect the sovereignty and territorial integrity of this country, any argument amongst themselves, that's their internal affairs and we are not getting into it," Li said. "Whatever the choice the people make, we will respect that."

    Oil revenue is currently shared 50-50 between north and south under the 2005 peace deal that set up the referendum. It is pumped from the south through the north in a 1,000-mile Chinese-financed pipeline to a Chinese-built refinery in Port Sudan on the Red Sea, where it is shipped.

    How to share this oil in an independent south Sudan is still one of the trickiest questions the two sides, under the mediation of Thabo Mbeki, are trying to work out. Other issues under discussion are the border, sharing water and what to do with Abeyi. Sudanese President Omar al-Bashir warned of war if these issues aren't worked out by Jan. 9.

    The south would likely enrage Khartoum if it were to find a way to get the oil out bypassing the north altogether. With Chinese help, this may one day happen.

    Kenyan officials have been studying a pipeline and refinery project from south Sudan to the port of Lamu on the Indian Ocean coast. The Kenyan Transport Ministry has sought bids for the project. According to China Daily, Kenyan President Mwai Kibaki and Chinese President Hu Jintao discussed China's commitment to build the $16 billion project last May in Shanghai. China is conducting a feasibility study, according to Kenyan media.

    I asked Ali Karti, the Sudanese foreign minister, about how his government would react to such a project. "We have our own oil," he said, adding, "That project will never be built."

    Adopting a Western business mentality, in which profit and economic growth are often the only tenets, has launched China into a head-on collision with some of its traditional policies, said Dru Gladney, an expert on Chinese minorities at Pomona College in California.

    China has always portrayed itself as a leader of developing countries, but its own rapid development has changed its relationship with the developing world, he said. "Encouraging a so-called separatist movement is one that is going to complicate that position very much," he said.

    "It is a delicate issue for China. It is a very important development that China is seriously considering going against its 50-year long policy of non-intervention," Gladney told me.

    China has apparently calculated that it can suppress its own separatists while courting separatists in Sudan, he said. "Chinese separatists are going to recognize that China first and foremost is very pragmatic, that its development and national self-interest is clearly taking precedence over ideology in China today."

    "They may take some encouragement from it, but I don't think they really will take it that China is changing its position on separatism, especially within China," Gladney said.

    He expects Beijing to crack down on separatists at home while making deals with them abroad. "It's whichever cat catches mice and in this case the cat that supports a separatist, Christian group will catch more mice for China," Gladney said.



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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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  • GCKaMaara
    01-09 01:42 PM
    refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?

    Well said!





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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.





    StuckInTheMuck
    08-08 04:40 PM
    Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."

    "Well," says the big alligator, "What have you been eating?"

    "Immigration attorneys, same as you," replies the small alligator.

    "Hm. Well, where do you catch 'em?"

    "Down at that law firm on the edge of the swamp."

    "Same here. Hm. How do you catch 'em?"

    "Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"

    "Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."





    unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.


    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.



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