Wednesday, 29 June 2011

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  • NKR
    08-06 04:15 PM
    That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�




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  • unitednations
    03-26 03:24 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit

    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.




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  • NKR
    03-25 03:12 PM
    I have brought a house 4 years back after 2 years in this country. It is $500K house. Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there.

    It all depends on the situation, if a person who started this thread can afford to buy a house, wants to buy one, has found a good house in a good location, has got a good deal and if he thinks that not having a GC is the only hurdle, then my suggestion for him would be to buy the house.

    Of course every people�s situation is not the same. If I was in CA, probably I would be living in an apartment now. If you can rent a home and think that makes more sense then buying a house, that�s fine too. If someone can buy a house and give it on rent, that�s even better :o)




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  • delax
    07-13 09:48 PM
    [QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    I am not at all surprised at the 'backlash'.
    I appreciate your input and candor



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  • bajrangbali
    06-05 11:33 AM
    Good analysis there dude!
    While no one can predict future, the least we could do is prepare ourselves for good and bad times.
    IMO people should look at purchasing only if these conditions apply:

    1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
    2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
    3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
    4) Planning to stay in the house for a MIN 2yrs

    One would argue why buy now if it might go lower...
    if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
    an old friend of mine always says...live life..love life...be life
    and i believe she is right..




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  • abracadabra102
    07-14 02:11 PM
    "Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.

    The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.

    Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.

    The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.

    Nice post alterego. Some people never respond to logic and reasoning. They are intent on shooting themselves in the foot no matter what everyone says.



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  • gapala
    12-17 05:24 PM
    :D:D:D That atleast made my evening!

    I can see tabletpc standing naked!!!!!:D




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  • 485Mbe4001
    09-29 07:55 PM
    its ok, you misunderstood my point. I dont want to divert OP of this thread.

    Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.



    Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.

    Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
    Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.



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  • abracadabra102
    08-06 05:16 PM
    Thompson, Ritchie and Kernighan admit that Unix was a prank

    In an announcement that has stunned the computer industry, Ken Thompson, Dennis Ritchie and Brian Kernighan admitted that the Unix operating system and C programming language created by them is an elaborate prank kept alive for over 20 years. Speaking at the recent UnixWorld Software Development Forum, Thompson revealed the following:

    "In 1969, AT&T had just terminated their work with the GE/Honeywell/AT&T Multics project. Brian and I had started work with an early release of Pascal from Professor Niklaus Wirth's ETH Labs in Switzerland and we were impressed with its elegant simplicity and power. Dennis had just finished reading 'Bored of the Rings', a National Lampoon parody of the Tolkien's 'Lord of the Rings' trilogy. As a lark, we decided to do parodies of the Multics environment and Pascal. Dennis and I were responsible for the operating environment. We looked at Multics and designed the new OS to be as complex and cryptic as possible to maximize casual users' frustration levels, calling it Unix as a parody of Multics, as well as other more risque! allusions. We sold the terse command language to novitiates by telling them that it saved them typing.

    Then Dennis and Brian worked on a warped version of Pascal, called 'A'. 'A' looked a lot like Pascal, but elevated the notion of the direct memory address (which Wirth had banished) to the central concept of the "pointer" as an innocuous sounding name for a truly malevolent construct. Brian must be credited with the idea of having absolutely no standard I/O specification: this ensured that at least 50% of the typical commercial program would have to be re-coded when changing hardware platforms.

    Brian was also responsible for pitching this lack of I/O as a feature: it allowed us to describe the language as "truly portable". When we found others were actually creating real programs with A, we removed compulsory type-checking on function arguments. Later, we added a notion we called "casting": this allowed the programmer to treat an integer as though it were a 50kb user-defined structure. When we found that some programmers were simply not using pointers, we eliminated the ability to pass structures to functions, enforcing their use in even the simplest applications. We sold this, and many other features, as enhancements to the efficiency of the language. In this way, our prank evolved into B, BCPL, and finally C.

    We stopped when we got a clean compile on the following syntax: for(;P("\n"),R-;P("|"))for(e=C;e-;P("_"+(*u++/8)%2))P("| "+(*u/4)%2);

    At one time, we joked about selling this to the Soviets to set their computer science progress back 20 or more years.

    Unfortunately, AT&T and other US corporations actually began using Unix and C. We decided we'd better keep mum, assuming it was just a passing phase. In fact, it's taken US companies over 20 years to develop enough expertise to generate useful applications using this 1960's technological parody. We are impressed with the tenacity of the general Unix and C programmer. In fact, Brian, Dennis and I have never ourselves attempted to write a commercial application in this environment.

    We feel really guilty about the chaos, confusion and truly awesome programming projects that have resulted from our silly prank so long ago."

    Dennis Ritchie said: "What really tore it (just when ADA was catching on), was that Bjarne Stroustrup caught onto our joke. He extended it to further parody Smalltalk. Like us, he was caught by surprise when nobody laughed. So he added multiple inheritance, virtual base classes, and later ...templates. All to no avail. So we now have compilers that can compile 100,000 lines per second, but need to process header files for 25 minutes before they get to the meat of "Hello, World".

    Major Unix and C vendors and customers, including AT&T, Microsoft, Hewlett-Packard, GTE, NCR, and DEC have refused comment at this time.

    Borland International, a leading vendor of object-oriented tools, including the popular Turbo Pascal and Borland C++, stated they had suspected for Windows was originally written in C++. Philippe Kahn said: "After two and a half years programming, and massive programmer burn-outs, we re-coded the whole thing in Turbo Pascal in three months. I think it's fair to say that Turbo Pascal saved our bacon". Another Borland spokesman said that they would continue to enhance their Pascal products and halt further efforts to develop C/C++.

    Professor Wirth of the ETH Institute and father of the Pascal, Modula 2, and Oberon structured languages, cryptically said "P.T. Barnum was right." He had no further comments.




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  • ghost
    07-15 10:48 AM
    Then we say, if we go back the American economy will go to hell.

    The bottom line is every soul in this world wants to have a better living. We took an extra effort, to travel overseas and make a better living.

    All the countries, including US, want to prosper in the global economy. So they put in policies (like H-1B/GC) in place to meet their global needs. These temporary visa programs for legal immigrants are based on their present needs.

    For example, their current need for teachers and nurses. They are currently working to address these needs through temporary visa programs. What will happen if they decide not to address these needs through temporary visa programs? My guess is that they will be on a path of decline, economically.

    It is a two way street, if they close the road for H-1B/GC then we may weigh in other options, like going back home or going to other countries. But at the same time, US needs to address the need of math and science specialists (american citizens). Again, if they do not address this issue, they will be on a path of decline, economically.

    To put it in perspective, our group has 2 H-1B workers and 7 american citizens. BTW, we are overpaid:D according to DOL statistics. So we are not lowering their wages. Our group will not survive without the existence of the 2 H-1B workers. For reasons like, competition and skillset.

    So, do not ever think that they are doing us a favor by this H-1B/GC program. We need each other and that's how the world works.



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  • sledge_hammer
    06-05 04:49 PM
    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.

    >> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    You are right in 90% of cases - where people will otherwise spend the money and not save it.

    If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

    However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.




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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!



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  • bkarnik
    08-11 01:59 PM
    A man met a beautiful blonde lady and decided he wanted to marry her right away.

    She said, 'But we don't know anything about each other.'

    He said, 'That's all right, we'll learn about each other as we go along.'
    So she consented, they were married, and off they went on a honeymoon at a very nice resort.

    One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.

    After a few more demonstrations, he came back and lay down on the towel.
    She said, 'That was incredible!'

    He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'

    So she got up, jumped in the pool and started doing lengths.

    After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.

    He said, 'That was incredible! Were you an Olympic endurance swimmer?'

    'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .




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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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  • JunRN
    09-26 02:09 PM
    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.




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  • langagadu
    03-29 03:47 PM
    ...



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  • Canadianindian
    09-30 04:42 PM
    I like Obama's opinion and his enthusiam. I would support him financially and in fact campaign and vote for him.

    However, I am not sure if he understand the plight of Legal immigrants who have suffered for years with no relief in sight. We are law abiding people, but have to suffer tremendously. I am not sure if Obama is aware of our plight.

    I am afraid if Obama wins the election, our chances of getting the GC will diminish as the CIR will not get his support to benefit the EB immigrants.




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  • Marphad
    01-08 03:35 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I respect all your posts. This time you seem like getting hyper ;)




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  • H1B-GC
    07-07 10:30 PM
    Manu,

    Do you know United Nations(UN) in the Immigration.com site of Rajeev Khanna. These Days UN seems to be Vanished.He helped a lot of guys regarding these issues at I-140 stage. If you get a chance please browse through the websites and send him an email.Make sure you follow every step.in between he's CPA and has lot of knowledge on immi issues.

    All the Best!!




    unitednations
    08-14 09:12 PM
    Sorry to post in this thread, but I was wondering if United Nations would be kind enough to answer two questions for me (well, actually one is from my colleague). They are kind of generic so it might help other people too, I hope. I posted this on other threads but I havent gotten any responses for the longest time, so Im posting here. Very sorry to those who are following this thread for the original topic.

    1) From my colleague: As per his family customs, his mothers FIRST name was also changed after marriage. Before marriage she was Vimla Patil, and now she is Anasuya Deshpande. She uses her married first name and last name on her passport, childrens birth certificate, etc. Only her school leaving has her maiden first name, maiden last name.

    He was wondering how to put this info on his I-485/G-325a form. They ask for Mothers Maiden name in one column, and then first name in the next. If he puts down Patil and then Anasuya - it wont be correct as such a person doesnt exist. What is the best way to represent her name. (remember, the birth cert that he will be submitting for himself will have her name as Anasuya Deshpande)

    Any help would be greatly appreciated.

    2) My question (and this has been asked before, but no one has a rock solid answer). My husband's labor has been approved, approved I-140, his priority date is Oct 2006. I received a labor sub (please dont scream at me.. I dint have anything to do with the matching... it just came my way:o) , but pending I-140, my priority date (if I-140 is approved) will be Feb 2005.

    I wanted to know if we should only choose one of these two applications to proceed further or file two I-485 applications- One with me as primary and him as beneficiary, and the other with him as primary. There are these rare postings where people have said that USCIS can reject both applications/ drop both or deny one initially itself, or ask you to choose one upfront. No one has talked about successful multiple filings, so we dont have unbiased statistics in this space. What is your thought on this issue? Which way would you recommend we proceed? Frankly, I am nervous about my application until the I-140 clears, (and my I-140 was only applied in July 2007) ... yet my husbands pd is almost 20 months after mine. Please enlighten.

    Thanks!

    FYI, both of us have been in the U.S since 2000, but for various strokes of timely bad luck we couldnt file until Dec 2006, So I hope there arent too many hard feelings from people who have also waited as long as we have. I know the feeling.


    Where they ask for her name; then on a separate piece of paper she should explain the different names. Isn't much of a problem.


    Surprisingly; people in the situation where both spouses have 140's pending/approved have opted to file four 485's. My experience is that just about everyone has chosen this option.

    Only risk is that somehow when you file multiple 485 filings; uscis opens up two different alien numbers for you. Once they figure it out then they have to consolidate your files which may take some additional time. However; this is very rare that this happens because there is enough detail that a person puts on the g-325a that uscis systems would be able to detect that a person has multiple filings and they won't create a second alien number (file).

    Biggest advantage:

    One of the spouses 140 gets denied/revoked and can't use portability.

    One of the spouses gets stuck in name check and other spouse can't get approved until primary gets cleared through name check.

    Divorce/separation is an issue (surprisingly this comes up quite often where in some dispute one of the spouses wants to cancel others greencard....happens more often then people think).

    One of the spouses actually pass away (i know of a situation such as this and the other spouse left the country).

    Other then it costing some more money; I don't see much of a risk.




    Pineapple
    07-07 10:04 PM
    Do you have a good, competent lawyer you trust? That is the most important thing.
    Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
    On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.



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