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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





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  • NKR
    08-06 03:15 PM
    speaking of DOTs..how do you give Dots?

    Send a PM to soni and ask, he/she gave me one.





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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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  • americandesi
    08-06 04:29 PM
    Bihari professor
    --------------
    This is a true incident which happened in a college. A 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..........

    #Inside the Class :
    ----------------
    * Open the doors of the window. Let the atmosphere come in.
    * Open the doors of the window. Let the Air Force come in.
    * Cut an apple into two halves - take the bigger half.
    * Shhh...Quiet, boys...the principal just passed away in the corridor
    * You, meet me behind the class. ( meaning AFTER the class )..
    * Both of u three, get out of the class.
    * Close the doors of the windows please .. I have winter in my nose today...
    * Take Copper Wire of any metal especially of Silver.....
    * Take 5 cm wire of any length....

    # About his family :
    ----------------
    * I have two daughters. Both of them are girls...(?)

    # At the ground :
    -------------
    * All of you, stand in a straight circle.
    * There is no wind in the balloon.

    # To a boy, angrily :
    -----------------
    * I talk, he talk, why you middle middle talk ?

    # 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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  • alisa
    04-07 03:52 PM
    Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?


    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.





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  • Refugee_New
    01-07 03:54 PM
    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
    peace.

    bfadlia, i sent you a PM. Respond me when you have time.



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  • Macaca
    01-20 10:11 AM
    Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19

    AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?

    The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.

    But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.

    Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.

    In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.

    Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.

    The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.

    But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.

    The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.





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  • mrajatish
    04-09 11:13 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....



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  • yabadaba
    11-15 11:54 AM
    its embarrasing to see a journalist fall down the hole like that. I dont think he realizes that he works at CNN and not at Fox. Nobody else spins it along with him. Wolf Blitzer and the rest dont pay any attention to him. Even during the election results night the only thing he was asked to do was ask a couple of senators for their impression on how the results were looking.

    The problem with Lou is that he goes on air every day and tells the American people that if they are having a miserable time or not saving enough money or their kids are not studying hard enough it is the fault of immigrants and corporations.

    If there is a "perceived" class divide, it is because there are certain segments of the society that live beyond their means, dont save up for a rainy day and are not vested in their financial future. If you want your kid to go to college you have to be with them, talk to them and work through their issues with them. It is always easy to blame someone that is of a different color or of a different background for your problems but it is not the solution.

    Outsourcing was an integral part of doing business in America even before India got involved. Ireland was the number 1 destination for outsourcing for years. They were never featured in the news. The thing is showing a bunch of indians sitting around and answeing calls has more shock value as compared to showing Irish people which would probably not register as it might seem like a call center right here in the US.

    What Lou doesnt get is that his hateful tirade has prejudiced the minds of whatever demographic that he caters to. This inturn leads to everyday issues that we as immigrants face; whether it is a coworker who keeps prodding us about how jobs are going overseas, bad customer service at a restaurant or at the grocery store and sometimes hate crimes where one of us gets our head bashed in.





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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..



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  • Macaca
    05-18 05:23 PM
    Although some of the dissidents were arrested for their involvement with social media, those outlets also have served as a balm, as families facing repression from the government try to contact the outside world. When human rights lawyer Jiang Tianyong was arrested in February, his wife, Jin Bianling, opened a Twitter account to record her efforts to get information as to his whereabouts, counting the days of his detention online to a crowd of several thousand followers. (Jiang returned home two weeks ago, but is under surveillance, and the couple declined requests for press interviews to keep a low profile.)

    Twitter isn't a medium known for its depth of emotion, but it was undeniably heart-rending when Jin described a conversation with her 8-year-old daughter one evening not long after Jiang's arrest. "Mommy," Jin recorded the child saying. "We shouldn't think about daddy much. You told me when I sneeze, it is a sign that someone is thinking about me. If we make daddy sneeze where he is now, he might be in even more pain."


    What Next for Ai Weiwei? (http://the-diplomat.com/china-power/2011/05/18/what-next-for-ai-weiwei/) By Jason Miks | The Diplomat
    Rebuilding a United Front on China Rights
    The U.S. and European Union can push for human rights protections in China if they work together again. (http://online.wsj.com/article/SB10001424052748703421204576328831096040732.html)
    By KELLEY CURRIE | Wall Street Journal
    The rebel who suffers for art: Ai Weiwei (http://blogs.timesofindia.indiatimes.com/plumage/entry/the-rebel-who-suffers-for-art-ai-weiwei) By Uma Nair | Times of India
    Inside China (http://www.washingtontimes.com/news/2011/may/11/inside-china-819473755/) By Miles Yu | The Washington Times





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  • unitednations
    07-09 11:23 AM
    Hi Manu..

    can u pls clarify when u find some time..

    from what I understand and you posted, he changed employers from A to B to C.
    He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?

    but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..

    so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.

    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.



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  • gc_chahiye
    08-14 08:49 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.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.





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  • ArkBird
    01-09 11:48 PM
    bondgoli007, i'm glad we have some common ground.. i am sure my posts expressed that I despise intentional attacks on civilians.. i was disgusted hearing about the mumbai attacked and expressed that in its thread, although the guys there converted it into attack-islam thread
    having said that, i am still amazed the people starting history at the point hamas fired rockets and israel retaliated.. this is a more than 60 year struggle, with palestinians driven out of their homes and israeli settlements built over its rubble and tens of UN resolutions ordering israel to let the palestinians back and end the occupation but these just swept under the carpet based on israel's allies veto power.. point is hamas is resisting the wrong way by targeting civilians, but people resisting occupation will always happen regardless of how violently they are retaliated against

    Again I beg to differ. Britishers gave land to Israel, Egypt and Jordan. Why should only Israel be responsible? Where will they go? Why not Egypt and Jordan? Secondly, I have children and I am also terrified by the pictures of brutal massacre but think about this. If those who want to kill my children is hiding among women and children what choices do I have? be "civil" and let them kill our children or attack and kill them?



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  • Macaca
    10-14 04:25 PM
    Boxer Gets Boost in Industry Cash; But Aides Say Positions, Strategy Unchanged (http://rollcall.com/issues/53_41/news/20421-1.html) By John Stanton | Roll Call Staff, October 11, 2007

    With one eye on a possible 2010 re-election race against California Gov. Arnold Schwarzenegger (R) and the other firmly focused on the Environment and Public Works Committee, Chairwoman Barbara Boxer (D) is taking in increasing campaign contributions from industrial sectors and their unions with business before her panel.

    Boxer � who vaulted from a rank-and-file role on the committee to chairwoman following the 2006 elections and the retirement of then-ranking member Jim Jeffords (I-Vt.) � has long had a contentious relationship with industry. According to aides, she continues to maintain a ban on accepting political action committee contributions from a number of sectors, including oil and gas companies.

    Rose Kapolczynski, Boxer�s longtime campaign consultant, said Boxer has not changed her campaign fundraising strategy as a result of taking control of EPW and that she expects no major increases in contributions from industry once the cycle is completed.

    �I�d be surprised if there�s a major difference in the amount ... there may [just] be a difference in timing� of contributions by industry PACs, Kapolczynski said.

    Kapolczynski also said that in addition to maintaining her long-standing policy of not taking PAC dollars from the oil and gas industry and its top-level executives, Boxer�s rise to power has had no impact on her policy positions. �Anyone who�s followed Barbara Boxer�s career over the years understands there is one thing you can count on � you know where she stands on the issues. And whether she�s in the minority or the chairman, that�s not going to change.�

    But while environmentalists and other allies agree they have seen no significant sign that her long-standing commitment to their cause has waned with her ascension to power, Boxer has recorded what appears to be a significant uptick in funding from industries traditionally hostile to her philosophical positions.

    An analysis of campaign contributions this year through Aug. 30 showed that Boxer has taken in $41,000 from political action committees connected to the energy, natural resources, construction and transportation industries.

    According to CQ MoneyLine, the energy and natural resources sector so far this year ranks as Boxer�s second-largest source of PAC contributions, clocking in at $20,500.

    Labor unions, which have donated $57,650 to her campaign this year, rank as her top source of PAC dollars, and $21,500 of those funds come from unions connected to industries with business before the committee.

    Compared to the 2004 fundraising cycle � the last one in which Boxer was actively raising campaign funds, according to an aide � Boxer appears to be pulling significantly more cash from these sectors now than she was then. For instance, Boxer�s campaign reported $18,500 in total receipts from the energy and natural resources sector in all of 2003 and 2004, according to CQ MoneyLine, while the transportation sector donated $35,450, for a two-year total of $53,950 from these industries.

    While partisan fighting has largely stalled much of her environmental agenda this year � for instance, it appears unlikely that an ambitious climate change bill will be passed � the EPW Committee has successfully moved legislation key to industry.

    For example, Boxer successfully pushed through the Water Resources Development Act reauthorization bill this year. WRDA has long been a top priority for the construction and shipping industries, among others, since it provides billions in federal funding for public works projects such as levy construction and ship channel dredging. This year�s bill, which was vetoed by President Bush last month, included $20 billion in new federal spending.

    Similarly, Boxer�s committee is expected to pass a �technical corrections� bill making changes to the 2005 transportation authorization bill. The corrections measure, in addition to making modifications to the original law with millions of dollars for transportation firms across the country, also includes tens of millions in new spending, including a �mag-lev� railway project connecting the coast of California to Las Vegas.

    While lobbyists representing industries with business before Boxer�s committee declined to comment for this article, lobbyists and Democratic campaign strategists have noted a realignment now under way in Washington thanks to the 2006 elections that in many ways mirrors Boxer�s financial relationship with industry.

    For more than a decade, energy, natural resource and transportation industries and their PACs have tended to favor Republicans, who held control of Congress from 1994 through 2006, both in terms of spending and in whom they chose as lobbyists. But in the wake of the 2006 elections and the sudden ascendancy of Democrats to power in both chambers, those alliances have begun to shift.

    While Boxer has not shown any signs that her reliably progressive and pro-environmental positions are changing as a result of this new dynamic, one public interest advocate, who spoke on condition of anonymity, said Boxer and other Democrats clearly have begun reaping the benefits of power. �It�s good to be queen,� this source said.

    Democratic Senate aides said the veteran lawmaker is in the early stage of gearing up for her 2010 re-election fight, which could include a high-profile � and prohibitively expensive � showdown with Schwarzenegger, and that the increases in her fundraising are a reflection of that reality.

    Kapolczynski acknowledged the specter of a Schwarzenegger run but noted that any statewide race in California is a costly affair and nothing should be read into her donation increases other than the fact that she is prepping for her next re-election campaign. As a result, �she needs to prepare for a really tough race,� she said.

    Although state GOP sources said it appears unlikely at this point Schwarzenegger will make a run for the Senate, one Republican strategist noted the governor is infamous for holding his plans close to the vest until the last moment.

    �This is a guy who didn�t tell hardly anyone he was going to run for governor until he did,� the strategist noted. �He likes surprise and likes the theatrics of it all. He will keep everyone guessing till bitter end, I think. [But] everything I�ve seen so far is focused on being governor.�





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  • validIV
    06-05 11:43 AM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.


    here is a good point about long term housing prospects. I for one am glad that GC delay saved me from buying a house.
    this is from an article
    ------------------------------------
    Why do I think housing is in the tank for the long term?

    First, I listen to people smarter than I am - a key to success from investing to recreation league baseball. When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach. They were winners the next season. Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson. They have been dead on about the mortgage meltdown - and see a larger one coming.

    Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue. Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.

    * Typically ten to fifteen percent of Americans sell or want to sell their home in a given year. Recent survey data shows the number is now 30%. Keep that in mind.
    * New home sales are incredibly low. Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight. New home starts are roughly half of that and there ain't no rebound. As the poet said, times, they be a changing.
    * People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures. Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.

    This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see. I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012. I may have been premature. With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory. Assuming demand picks up - a near heroic assumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.

    I have focused on supply - was I too cavalier about demand? Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.

    Using fourth grade math as our primary tool does have value in estimating demand. Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time. And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes. Most of this demand is gone for the foreseeable future. Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006. Even if the FHA does not go bust - which it will, requiring another Treasury bailout.



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  • gcisadawg
    12-22 06:23 PM
    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

    Dude, if you havent heard about it, it is already happening.
    http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/

    One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.





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  • PD_Dec2002
    07-07 08:56 PM
    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.

    Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

    Good luck.

    Regards,
    Jayant





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  • GCwaitforever
    07-09 07:18 AM
    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor.

    Just wanted to let you know that the employer has to pay at least the prevailing wage for a starter to qualify the petition. The employer also has to pay a median wage to the H-1B holder that is commensurate with similarly qualified employees in the company. Otherwise the employer could be prosecuted for wage violations.

    Norm Matloff's figures are faulty because he measures only the prevailing wage as a yardstick which is the bare minimum for qualification. And then he claims H-1Bs are undercutting American employees. No wonder, if you make calculations with lower figures, on the average, H-1Bs look as if they are getting paid less than American employees. To get the actual picture, Norm needs to know actual wages of H-1B employees, which is not possible because not all employers divulge employee pay. As long as the figures can be taken to one's advantage, we always will have these critics running around with distorted graphs and figures.

    One reform Zazona.com should support and fight for in EB Greencards is making the application employee-centric, not employer-centric. Current procedure is in a way bondage to the employer, especially when USCIS takes a long time with multiple stages (read delays) that too not bothering about how long the application has been pending. If USCIS processing improves and they try to reach out to their customers, then a wait of one or two years for Greencard should not be an issue. Infact, I support instant GC proposal in that case.

    Regarding the claims of stealing jobs, I see tons of job advertisements weekly. Many of these ads specifically exclude non-sponsorship candidates (read H-1Bs). US citizens have a bigger market and better opportunities than H-1Bs. I am not sure how it is not possible for them to get jobs. As Logiclife mentioned, the unemployment rate is 2% in IT field. Perhaps people are not prepared to move to areas where jobs are growing. I can not specukate any more on that.





    unitednations
    07-09 11:57 AM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

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

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

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

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





    unseenguy
    06-21 03:08 PM
    That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
    if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
    as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
    I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied

    Usually they will give you 3-4 weeks to leave.