Monday, July 4, 2011

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  • vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.




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  • SunnySurya
    12-22 10:17 PM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.

    Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.

    Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down

    I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.




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  • alisa
    01-06 11:58 PM
    For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:

    Goals

    Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.


    Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.

    "Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.

    Good point.
    There should just be a greater and proper Israel, with Gaza and West Bank as parts of Israel. And all people living there should be citizens of Israel.
    Problem solved. No need to destroy anything or anyone.




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  • diptam
    08-05 08:36 AM
    Get Lost 'Rolling_Flood' - you dont understand anything, that's why you started a post like this.

    I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )

    What's wrong you see in my intentions ? Whats wrong you see in the law ?

    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)



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  • riva2005
    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.




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  • lfwf
    08-06 02:54 PM
    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting

    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!



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  • manub
    07-07 10:19 PM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.




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  • greencardfever2007
    04-16 12:30 PM
    http://www.economonkey.com/2008/04/14/sirs/

    I am writing to enquire whether you have any vacancies on your strategic board for someone of my talents. I realise that it is a little unorthodox to apply �on spec� for such a high-ranking position within your organisation, but I believe I have the necessary skills to further increase the profits and assets of Big Bank Plc. In this letter I will attempt to demonstrate my knowledge of the challenges and opportunities in our marketplace.

    1) Who are our customers?

    I understand that our most lucrative customers are those with the least awareness of financial matters; indeed, the less numerate they are, the better. Rather like the dear old PM, in fact.

    If they don�t know the difference between APR and AER, if they fail to read the small print in their credit contracts - not that it matters, as I�m sure I have the necessary legal skills to make such text impenetrable - and if their limited attention is grabbed by an �introductory� rate, then they are exactly the kind of people we need to target.

    I think that if we closely follow that other highly successful model of commerce - drug dealing - we won�t go far wrong in attracting and retaining the right customer base.

    2) How do we get people to take on more debt?

    I�ve been thinking about this, since we need people to be in debt so that they pay us lots of interest. I believe the best way is to start with an asset class that everybody needs and arrange for its price to increase by far more than the general inflation rate. Then the people who want to buy the new, over-priced assets will have to take on far more debt than would otherwise have been the case.

    Of course, the people who bought the assets prior to the excessive price inflation wouldn�t be in debt, but I think we can get around that by encouraging them to take on larger loans for, say, holidays, new TVs, big cars, that sort of thing (maybe even encouraging them to buy more assets to loan to other people?), all while securing them against the now-increased �value� of their asset. We could describe these loans as �Asset Equity Release� or something; it sounds so much more friendly than �Borrowing a Lot of Money.�

    Ultimately this would mean that everyone is in far greater debt, paying us far more money, for exactly the same asset! Genius, eh?

    Oh. Hang on. That�s already been done with houses, hasn�t it?

    3) Social conscience.

    Every responsible company should have a social conscience, and Big Bank Plc is no different. We need to be in tune with the society in which we operate, sharing the values of our customers.

    Luckily that�s not too difficult; our customers are greedy and so are we! They want lots of money, right now. We want lots of money, but we can wait (that old �deferred gratification� thing).

    So we simply sell them the money to fulfil their greedy dreams, and they sign up for a lifetime of debt slavery to fulfil ours. Everyone�s a winner!

    4) Get-out.

    I have noticed that some of our customers have been attempting to escape from their obligations through IVAs, bankruptcy and so on. This really won�t do. Luckily we have a role model to follow here; America. The banking industry there successfully lobbied Congress to make it almost impossible to escape from credit card debt, even in bankruptcy.

    There�s much work to be done in the UK by comparison, but we�re getting there. Escape from student loan debt is almost impossible and an IVA won�t release people from mortgage debt. There�s still credit card debt, but at least we can now secure that on property (I love that one; we sell an unsecured loan at punitive rates, then secure it! They�d have been better off just getting a secured loan! How stupid are these people?).

    So, there�s just the problem of escape through bankruptcy, but I think we can work on that. Friends in government, nudge nudge, wink wink. Give me time�

    5) Our friends at Westminster.

    Speaking of government, I think our special relationship is going rather well, don�t you? They want a population that feels wealthy even though it isn�t (see number 2 above), that is unlikely to cause trouble (who can afford to go on strike when you have huge debts to service?) and that isn�t educated enough to understand what�s being done to them (have you seen the latest exam results?).

    Those are our goals too; it�s a marriage made in heaven. And if they want to rack up even more debt on the population�s behalf, we�re only too happy to oblige.

    We do need to be more careful at times, though. Our so-called competitor�s �employment� of that ex-Prime Minister so soon after leaving office was rather rubbing people�s faces in it, don�t you think? A few of the less stupid ones might start to put two and two together.

    6) Media

    Can we keep the mainstream and financial media �on-side�, thus keeping the population distracted by pointless celebrity gossip, �reality� TV programmes (oh, the irony), diversionary economic scare stories and back-to-back shows extolling the virtues of never-ending asset inflation (and with it, never ending debt)?

    Of course we can - we own most of them! And the government owns much of the rest. Anyway, people actually seem to want this stuff. Bread and circuses, I suppose.

    7) What happens if we run out of money?

    See number 5. There are plenty of options if we ever run into difficulties - direct government �loans� (rolled over ad infinitum), dropping the base rate below real inflation while raising lending rates, etc. - but they all boil down to one thing: take money from the tax-payer while using inflation to mask the theft. With a bit of luck we can even get the public to demand this action for us, with the help of the media.

    And anyway, we�re not actually lending real money, are we? It�s created from nothing at the point at which the loan is granted. So what do we have to lose?

    I look forward to your reply.

    Yours faithfully,

    Mr Wanabe A Banker



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  • DSJ
    05-17 10:48 AM
    Come on man, stop eating disk space. I agree you are next successor to Bill Gate.

    Behave like a high skilled person. ......




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  • Marphad
    12-17 02:53 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Because when you speak something it is useful and when others say something is nonsense. Cool.



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

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

    - cheers
    kris


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

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

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

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

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

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




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  • rbharol
    04-07 01:35 AM
    I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....

    Will Compete America and other companies accept it? no way..

    And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.



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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!




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  • Rolling_Flood
    08-05 07:23 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.



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  • paragpujara
    08-06 02:37 PM
    One Chinese person walks into a bar in America late one night and he
    saw Steven Spielberg.
    As he was a great fan of his movies, he rushes over to him, and asks
    for his autograph.
    Instead, Spielberg gives him a slap and says, "You Chinese people
    bombed our Pearl Harbor, get outta here.
    "The astonished Chinese man replied, "It was not the Chinese who bombed
    your Pearl Harbor, it was the Japanese".
    "Chinese, Japanese, Taiwanese, you're all the same," replied Spielberg.
    In return, the Chinese gives Spielberg a slap and says, "You sank the
    Titanic, my forefathers were on that ship.
    "Shocked, Spielberg replies, "It was the iceberg that sank the ship,
    not me."
    The Chinese replies, "Iceberg, Spielberg, Carlsberg, you're all the
    same."
    This particular joke won an award for the best joke in a competition
    organized in Britain and this joke was sent by an Indian.




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  • ita
    01-04 01:56 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.



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  • Rayyan
    01-07 11:07 AM
    Pathetic!!!!!!!!!!

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

    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
    __________________




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  • damialok
    03-31 01:50 PM
    Example: $ 500,000/- purchase price (3000 sq ft single family home)
    Land cost: 80,000/- ( defined by county - assessment record)
    Construction cost: 1,40,000/- (If you do home work you can easily
    derive current construction cost)
    Let's say you give the order to somebody to construct: Add his 25%
    profit which is reasonable)

    I am currently looking to build my home in SF Bay Area and these figures dont look that encouraging. Here is what I have got and this is due to severe crunch in construction industry.

    Land: $600,000 (it was listed for $850K 12 months back, thats after 25% drop)
    Construction Cost: $190/sqft (It was $280~$350 2 years back) - for 3000sqft - $570,000
    City Permits and Architectural fees - $120,000

    A grand total of $1.3 Million. But this if if you were to build it, the run-of-the-mill tract home builders can get it much cheaper, say around $1million.
    Again these figures vary by region but generally give a picture of cost breakdown in California.


    Land - 46%
    Construction- 44%
    Permits - 10%




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  • satishku_2000
    05-16 02:56 PM
    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.




    unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.




    GCKaMaara
    12-17 02:40 PM
    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.

    I am with you. Antulay is a #1 chor. He used communal politics through out his life.



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