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  • abracadabra102
    08-06 05:49 PM
    Dear Friend,

    The other day I went up to a local Christian bookstore and saw a "honk if you love Jesus" bumper sticker. I was feeling particularly sassy that day because I had just come from a thrilling choir performance, followed by a thunderous prayer meeting, so I bought the sticker and put it on my bumper.

    Boy, I'm glad I did! What an uplifting experience followed!

    I was stopped at a red light at a busy intersection, just lost in thought about the Lord and how good He is...and I didn't notice that the light had changed. It is a good thing someone else loves Jesus because if he hadn't honked, I'd never have noticed! I found that LOTS of people love Jesus!

    While I was sitting there, the guy behind started honking like crazy, and then he leaned out of his window and screamed, "For the love of GOD! GO! GO! Jesus Christ, GO!"

    What an exuberant cheerleader he was for Jesus! Everyone started honking! I just leaned out of my window and started waving and smiling at all these loving people. I even honked my horn a few times to share in the love!

    There must have been a man from Florida back there because I heard him yelling something about a "sunny beach"... I saw another guy waving in a funny way with only his middle finger stuck up in the air. I asked my teenage grandson in the back seat what that meant, he said that it was probably a Hawaiian good luck sign or something.

    Well, I've never met anyone from Hawaii, so I leaned out the window and gave him the good luck sign back. My grandson burst out laughing ... he was enjoying this religious experience, too!

    A couple of the people were so caught up in the joy of the moment that they got out of their cars and started walking towards me. I bet they wanted to pray or ask what church I attended, but this is when I noticed the light had changed. So, I waved to all my sisters and brothers grinning, and drove on through the intersection. I noticed I was the only car that got through the intersection before the light changed again and I felt kind of sad that had to leave them after all the love we had shared, so I slowed the car down, leaned out of the window and gave them all the Hawaiian good luck sign one last time as I drove away.

    Praise the Lord for such wonderful folks!

    Love,

    Grandma





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  • kaisersose
    04-14 11:10 AM
    Most of the posts here are not relevant to the original topic of the thread – buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.





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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.





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  • transpass
    03-26 07:14 PM
    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that

    Yeah that's true...I guess not many people bother, not many lawyers bothered until now, and also not many people people even know that you need to file amendment...



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  • USDream2Dust
    03-23 10:33 PM
    Thank you. I need to buy a house and I have no savings. I make a lot of money but no savings. You guys are inspiration. I am going to jump off the cliff and buy a house. Worst come worst I would contribute to the worsening economy and end up in foreclosure. But I think unless I try I would end up getting old in my 1 bedroom apt.

    I need help. I am searching online a lot of real estate agents. How do you do it? I am in NJ and don't even know what area is good and I heard you have to look for schools for kids (i don't have but would have in 1-2 years). Do real estate agents recommend any areas?

    There is only 2 things I know.
    1. I need house
    2. I can afford 500k house.


    Any inputs recommended :)





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  • Marphad
    01-06 01:38 PM
    Refugee_New,

    It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.

    It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.

    People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.

    My sympathies are with poor innocent kids of palestine got killed.

    But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.



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  • qasleuth
    03-25 04:05 PM
    Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .


    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.





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  • GC_Applicant
    04-09 01:05 AM
    Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.



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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

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

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.





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  • americandesi
    08-06 02:09 PM
    After making a trip of South India, Santa Singh, his wife and his son were returning to Punjab in Tamilnadu Express.

    Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.

    Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.

    Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."



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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...





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  • GC_Geek
    08-02 10:26 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...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.



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  • andymajumder
    05-15 11:59 PM
    I agree completely with mbdriver. It is unfortunate that very qualified candidates who are really smart and have job offers from Fortune 500 companies are unable to get H1B visas (I have seen a couple of such cases in my company) because Indian consultancy companies are applying for H1B visas in bulk some of which they are not even using. This abuse of the system has to stop, I know of scores of people, even people from grad schools in US who have applied for H1B through consultants even though they do not have any genuine job. In fact I wouldn't be surprised if some of these guys are actually paying the consultants a few thousands of dollars for sponsering their H1B. Kudos to Congress for trying to fix this problem and trying to get to the root of this problem rather than arbitarily increasing or shutting down H1B. I hope they do take actions to close these loopholes.


    What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

    I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.

    I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.

    I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.

    mbdriver





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  • amsgc
    07-15 12:01 AM
    Pani,

    I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.

    Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.

    I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.



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  • USDream2Dust
    06-06 10:24 PM
    Yourself? or people who already bought houses or are planniing to buy houses.

    Anyway. No offense but there are choices in life.

    1. Work for small company or big company.
    2. Job or do business
    3. Use AC21 or not
    4. Do contracting or full time
    5. Come to US or stay in your country.
    6. Buy house before GC or not
    7. Invest in stock vs Money Market
    .
    .
    blah blah and blah

    We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.

    Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.


    The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.

    Any way. Good analysis.

    Thanks,
    USDream2Dust





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  • pthoko
    07-17 02:00 PM
    Do you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??

    Do we have to tell them anything or do anything specifically to get a new I-94??



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  • msngroups
    05-16 01:18 PM
    US laws are really sucking. You come here on H1B visa, live here for 8 yrs and still on H1B visa and no Green card. Reason sucking laws that if you change your employers, your Green card processing goes waste every time.

    What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????

    The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.

    Here no freedom for Employees. It is EMPLOYER driven.





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  • rvr_jcop
    03-26 07:21 PM
    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?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.





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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.





    gimme_GC2006
    03-23 01:54 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:





    Ramba
    07-14 05:33 PM
    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

    I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.



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