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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?




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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:




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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.




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  • hourglass
    07-18 04:23 AM
    Hi ManuB,

    so finally what happened with your spouse case, did u find some good attorney, pls share the exp, one of my friends is kind of in a same situation.

    best

    Thank You for all the support.
    I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
    I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
    What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
    Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
    I will keep you posted.
    thank you again.



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  • gimme_GC2006
    03-24 09:37 AM
    hehehe..

    Looks like this thread is taking a different turn..

    to set the records..I was never been on bench, always paid, and never out of status..

    Also, I have sent all the docs to them


    and I dont think they are looking into case suspecting something..mine was a random pick transferred to NBC.. last year.

    And My case was almost approved last Aug2008..during the interview..but visa numbers were exhausted already for the fiscal year (remember.DOS bulleting said visa #s are there but in reality they were long gone..they only gave statement so in the Mid sep2008)..

    so..I think since it was lying there laying eggs, a different officer started looking into it all over it again..apparently, I assume earlier officer didnt put any note on it




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  • xyzgc
    12-22 03:28 PM
    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?

    I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.

    Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
    Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!

    There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.

    Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
    Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!



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  • satishku_2000
    05-17 02:57 PM
    If some comapnies are not paying on bench as you some people call it , employees can always goto DOL and lodge a complaint. If DOL starts investigation Employers are screwed totally.

    As far as I know companies like INFY, WIT , TCS or patni they start paying the employee from day one , well the amount may be peanuts compared what they make on consulatants .

    People have to come up with proof before they make blanket statements about consultants and consulting profession.

    Consulting is an honest profession which survives purely on proving value added service to the client. For the same reason consultants get paid a premium by clients. Ask hiring managers in companies how much IBM charges for their consulting services per hour.

    Consulting requires ability to learn quickly , ability to analyzie the problem quickly, ability to come up with a working solution quickly and honestly consulting is not a profession for every one.




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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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  • NeverEndingH1
    12-17 04:10 PM
    LOL!

    Since everyone is posting what they want, I guess I can also just post anything here....



    .




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  • puddonhead
    06-26 04:25 PM
    Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!

    If you work based on the historic values of price and rent appreciation - it should not make any difference.

    How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.

    With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.

    The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.

    >> People are not going to sell. They will just say put rather than take a 40% loss.

    Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.



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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.




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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?



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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • LostInGCProcess
    09-29 12:36 PM
    After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.

    Cheers.:)



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  • xyzgc
    12-28 01:09 AM
    One thing everyone needs to realize is that 21st century wars are not cheap anymore.

    India just decided to implement the 12th pay commission's recommendations to its defense forces. A surgical strike is politically a risky venture. A strike may cause immediate gains and soothe tempers of the indian public but the battle will be fought through the media reports. Also, neither does the country have a national identity system nor has India been so serious about reaching out in a pro-active way. A weak border and the continuing saga of the rich getting richer and the poor getting poorer, not to mention caste based politics, will augment future terrorist plans.

    Pakistan has found a money maker in terrorism. US Aid to pakistan to fight terrorists will reach $8B after 9/11 ( http://www.americanprogress.org/issues/2008/08/pakistan_aid_numbers.html ) and more will be promised when the Iraq returns to stability and the focus turns to Pakistan's neighbor Afghanistan as the Taliban are gaining control again. This has been acknowledged by the new president-elect. Zardari's snub to curtail recession by the Chinese and the Saudis only solidifies Pakistan's need to find other sources/means of making money. Providing a conduit for drug trafficking for the Afghani market is already a major revenue source. Corruption is rampant.

    I believe that the rhetoric in the media about war mongering and troop pullouts from the afghan border are for think tanks in Congress and the Pentagon to act and work to defuse the so called drama of war and renew their promises of providing aid in the form of $ and arms.

    India has and will continue to be a peaceful and a reactive neighbor. It will continue significant investments in capital and policy to strengthen its internal security foundation and work towards economic prosperity by defending its borders rather than be a pro-active regional cop.

    What India has gained, out of this sad and unfortunate event and its subsequent actions, is its status as a responsible upcoming super power in the region with diplomacy as the arrow and its nuclear capability as its bow!

    Do you realize the extent of loss after Mumbai attacks?
    The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
    A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?

    And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

    http://economictimes.indiatimes.com/News/PoliticsNation/Mumbai_attacks_may_have_cost_Rs_50k_crore/articleshow/3777430.cms

    Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?

    Do you drive your car without an insurance?




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  • learning01
    05-25 06:57 AM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.

    Please do not focus on what Lou Dobbs is saying. If you think this is something that may bring harm to our goals just ignore it. No reason to get rude. Everyone has a right to express his/her opinion. We are in America so we can speak freely.
    It is all fine. Whatever others do say there is a reason behind it. It is either to support or not to support whatevere is being discussed. Some are very good at chosing the words to blur their intentions. Be smart! Read and conclude. Reply without showing your emotions as those may use against us. This is as simple as that.

    regards



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  • Beemar
    12-29 12:01 AM
    Sorry everybody. The war did not break out as I was anticipating. I thought Indian leaders have developed some spine. I should have known better.

    India is no Israel. Israel launched a war on Gaza in retaliation for some rocket attacks which killed, well, zero Israelis. They at least know what the most effective defense is, its called offense.




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  • gc_aspirant_prasad
    09-26 08:47 AM
    I know it may be for the greater good to see Prez Obama in the white house.
    However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
    As much as I would love to be part of this American experiment, I have to think of stability.
    Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
    It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
    I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.




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  • willwin
    07-14 08:09 AM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.




    CreatedToday
    01-06 05:39 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.




    Refugee_New
    01-07 09:44 AM
    If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.

    My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.

    Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.



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