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  • gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.





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  • krishna.ahd
    12-26 03:31 PM
    A full fledged war between India and Pakistan is very very unlikely.
    Look at stratfor.com





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  • abracadabra102
    08-06 05:00 PM
    Stroustrup C++ 'interview'

    On the 1st of January, 1998, Bjarne Stroustrup gave an interview to the IEEE's Computer magazine. Naturally, the editors thought he would be giving a retrospective view of seven years of object-oriented design, using the language he created. By the end of the interview, the interviewer got more than he had bargained for and, subsequently, the editor decided to suppress its contents, 'for the good of the industry' but, as with many of these things, there was a leak. Here is a complete transcript of what was was said, unedited, and unrehearsed, so it isn't as neat as planned interviews. You will find it interesting...

    Interviewer: Well, it's been a few years since you changed the world of software design, how does it feel, looking back?

    Stroustrup: Actually, I was thinking about those days, just before you arrived. Do you remember? Everyone was writing 'C' and, the trouble was, they were pretty damn good at it. Universities got pretty good at teaching it, too. They were turning out competent - I stress the word 'competent' - graduates at a phenomenal rate. That's what caused the problem.

    Interviewer: Problem?

    Stroustrup: Yes, problem. Remember when everyone wrote Cobol?

    Interviewer: Of course, I did too

    Stroustrup: Well, in the beginning, these guys were like demi-gods. Their salaries were high, and they were treated like royalty.

    Interviewer: Those were the days, eh?

    Stroustrup: Right. So what happened? IBM got sick of it, and invested millions in training programmers, till they were a dime a dozen.

    Interviewer: That's why I got out. Salaries dropped within a year, to the point where being a journalist actually paid better.

    Stroustrup: Exactly. Well, the same happened with 'C' programmers.

    Interviewer: I see, but what's the point?

    Stroustrup: Well, one day, when I was sitting in my office, I thought of this little scheme, which would redress the balance a little. I thought 'I wonder what would happen, if there were a language so complicated, so difficult to learn, that nobody would ever be able to swamp the market with programmers? Actually, I got some of the ideas from X10, you know, X windows. That was such a bitch of a graphics system, that it only just ran on those Sun 3/60 things. They had all the ingredients for what I wanted. A really ridiculously complex syntax, obscure functions, and pseudo-OO structure. Even now, nobody writes raw X-windows code. Motif is the only way to go if you want to retain your sanity.

    Interviewer: You're kidding...?

    Stroustrup: Not a bit of it. In fact, there was another problem. Unix was written in 'C', which meant that any 'C' programmer could very easily become a systems programmer. Remember what a mainframe systems programmer used to earn?

    Interviewer: You bet I do, that's what I used to do.

    Stroustrup: OK, so this new language had to divorce itself from Unix, by hiding all the system calls that bound the two together so nicely. This would enable guys who only knew about DOS to earn a decent living too.

    Interviewer: I don't believe you said that...

    Stroustrup: Well, it's been long enough, now, and I believe most people have figured out for themselves that C++ is a waste of time but, I must say, it's taken them a lot longer than I thought it would.

    Interviewer: So how exactly did you do it?

    Stroustrup: It was only supposed to be a joke, I never thought people would take the book seriously. Anyone with half a brain can see that object-oriented programming is counter-intuitive, illogical and inefficient.

    Interviewer: What?

    Stroustrup: And as for 're-useable code' - when did you ever hear of a company re-using its code?

    Interviewer: Well, never, actually, but...

    Stroustrup: There you are then. Mind you, a few tried, in the early days. There was this Oregon company - Mentor Graphics, I think they were called - really caught a cold trying to rewrite everything in C++ in about '90 or '91. I felt sorry for them really, but I thought people would learn from their mistakes.

    Interviewer: Obviously, they didn't?

    Stroustrup: Not in the slightest. Trouble is, most companies hush-up all their major blunders, and explaining a $30 million loss to the shareholders would have been difficult. Give them their due, though, they made it work in the end.

    Interviewer: They did? Well, there you are then, it proves O-O works.

    Stroustrup: Well, almost. The executable was so huge, it took five minutes to load, on an HP workstation, with 128MB of RAM. Then it ran like treacle. Actually, I thought this would be a major stumbling-block, and I'd get found out within a week, but nobody cared. Sun and HP were only too glad to sell enormously powerful boxes, with huge resources just to run trivial programs. You know, when we had our first C++ compiler, at AT&T, I compiled 'Hello World', and couldn't believe the size of the executable. 2.1MB

    Interviewer: What? Well, compilers have come a long way, since then.

    Stroustrup: They have? Try it on the latest version of g++ - you won't get much change out of half a megabyte. Also, there are several quite recent examples for you, from all over the world. British Telecom had a major disaster on their hands but, luckily, managed to scrap the whole thing and start again. They were luckier than Australian Telecom. Now I hear that Siemens is building a dinosaur, and getting more and more worried as the size of the hardware gets bigger, to accommodate the executables. Isn't multiple inheritance a joy?

    Interviewer: Yes, but C++ is basically a sound language.

    Stroustrup: You really believe that, don't you? Have you ever sat down and worked on a C++ project? Here's what happens: First, I've put in enough pitfalls to make sure that only the most trivial projects will work first time. Take operator overloading. At the end of the project, almost every module has it, usually, because guys feel they really should do it, as it was in their training course. The same operator then means something totally different in every module. Try pulling that lot together, when you have a hundred or so modules. And as for data hiding. God, I sometimes can't help laughing when I hear about the problems companies have making their modules talk to each other. I think the word 'synergistic' was specially invented to twist the knife in a project manager's ribs.

    Interviewer: I have to say, I'm beginning to be quite appalled at all this. You say you did it to raise programmers' salaries? That's obscene.

    Stroustrup: Not really. Everyone has a choice. I didn't expect the thing to get so much out of hand. Anyway, I basically succeeded. C++ is dying off now, but programmers still get high salaries - especially those poor devils who have to maintain all this crap. You do realise, it's impossible to maintain a large C++ software module if you didn't actually write it?





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  • Carlau
    08-12 07:14 PM
    If you enter http://www.flcdatacenter.com/CaseH1B.aspx
    H-1B efile 2005
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    You will see many H-1B positions but one of these is "Systems Software Developer" valid from Jan 2005 to Jan 2008, something that according to him, America is not short of.



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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.





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  • bkarnik
    08-06 06:23 PM
    Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.

    Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.

    "What happened to you," asked Hillary?

    "Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."

    "My God, what did you tell them?" asked Hillary.

    The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."



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  • Macaca
    12-29 07:32 PM
    �Can�t Be Done�

    Gibbons, 70, says he learned that lesson when he tried to raise 4 million pounds ($6.2 million) from two wealthy London- based nonresident Indian investors in November 2006.

    Talks failed because of differences over expectations for returns on equity and other contract terms, he says.

    �That�s what made me think this just can�t be done,� he says.

    Indian microlenders differ from Yunus�s Grameen Bank in key ways. To protect depositors� money after bankruptcies among nonbanking financial companies in the early 1990s, India�s Reserve Bank in 1997 made it more difficult for them to meet the requirements needed to take deposits from the public. Only 36 microlenders are registered as nonbank financial companies, according to information supplied by the Reserve Bank.

    �I Feel So Sad�

    Indian microlenders themselves borrow from banks at 13 percent or more on average and extend credit to the poor. They charge interest rates that can rise to 36 percent, says Alok Prasad, chief executive officer of the Microfinance Institutions Network, which represents 44 microlenders. He says all 44 firms are registered with the Reserve Bank.

    SKS Microfinance gets funds at about 12 percent interest and lends at 24.52 percent in Andhra Pradesh, spokesman Atul Takle says.

    In Bangladesh, Grameen Bank got a banking license in 1983, which allowed it to take deposits. It charges 5 percent for education loans and 8 percent for housing loans. Beggars can borrow for free, and interest on major loans is capped at 20 percent, Yunus says.

    �Microfinance has been abused and distorted,� he says. �I feel so sad because that�s not the microcredit I have created.�

    Indian microfinance has roots in decades-old informal community financing.

    Nongovernmental organizations pioneered cooperative lending, known today as self-help groups, with seed money from the National Bank for Agriculture and Rural Development. Encouraged by these projects, the state-backed bank worked to tie borrowing groups to local bank branches in 1992.

    For-Profit Companies

    Nonprofit organizations subsequently got involved as middlemen between the banks and the borrowers. By 2005, nonprofits such as SKS and Share Microfin had turned themselves into profit-making enterprises.

    Akula�s SKS attracted investors such as Khosla Ventures, Sun Microsystems Inc. co-founder Vinod Khosla�s venture capital firm.

    Capital flowed into the new industry from commercial banks, venture firms and private equity.

    Sequoia Capital, in Menlo Park, California, and Bangalore- based Infosys Technologies Ltd. Chairman N.R. Narayana Murthy were among the backers. George Soros�s Quantum Fund has a 0.37 percent stake in SKS.

    Private-equity investors alone have put $515 million into Indian microfinance companies since 2006, research service Venture Intelligence says.

    �Explosive Growth�

    More than half of the 66 Indian microlenders tracked by Micro-Credit Ratings are for-profit firms. Some 260 microlenders had 26.7 million borrowers and 183.44 billion rupees of loans outstanding as of March, according to the Microfinance India State of the Sector Report 2010.

    �Over the last two years, we�ve been seeing explosive growth,� says N. Srinivasan, who wrote the report. �Microfinance institutions found that it�s easy to make money. Not that making money is bad, but when you go overboard and say you require money for growth, you get into problems.�

    Polelpaka Pula, a mother of two, says she saw microlenders rushing into her village of Pegadapalli to compete for business -- with tragic results.

    Her husband, Prakash, a painter who made 250 rupees on a good day, first borrowed from a group of villagers to build a house. Each participant of the so-called chit fund contributed 1,000 rupees a month and took a turn collecting the entire sum.

    Microfinance officers from L&T Finance Ltd., Spandana Sphoorty Financial Ltd., Share Microfin and SKS began offering loans in the village starting in 2004, she says.

    The couple, already contributing to their village fund, took five more loans totaling 64,000 rupees. That saddled them with payments of 7,300 rupees a month, more than Prakash�s 5,000 rupee maximum monthly income.

    Loan Shark

    When Prakash ran out of microlenders to borrow from, he went to a village loan shark, who charged 100 percent interest.

    With no way out and debt from multiple lenders ballooning, Prakash hanged himself in November 2009, his wife says.

    The small house he�d dreamed of was never completed. Only the foundation stands next to the home of his parents, a tiny structure with a roof of palm leaves.

    Spandana says that neither of the couple�s names is in its database. The company says the media wrongly attribute harassment cases to microfinance, especially when Spandana is mentioned.

    �The trigger factors for suicide are manifold, such as stressful situations at home,� the company said in an e-mail response to questions about the death.

    Subprime Parallel

    SKS spokesman Takle says its staff has practiced responsible lending for the past 12 years. Its employees are not paid based on the loan size or repayment percentage.

    �This ensures against giving out larger loans than what a borrower can repay,� Takle says. A spokesman for L&T Finance declined to comment.

    Overlending in Andhra Pradesh calls to mind the U.S. subprime crisis, says Lakshmi Shyam-Sunder, director of corporate risk at International Finance Corp. in Washington, which invests in microlenders.

    �Subprime lending was initially seen as extending homeownership to poorer people, doing good,� Shyam-Sunder says.

    As the industry expanded, making a profit became more important to some lenders, she says. �Tension arises when you work on activities with both social goals as well as commercial interests,� she says, adding that it�s important to strike the right balance.

    Companies chasing profits amid poor corporate governance are undermining the intent of microfinance, Cashpor�s Gibbons says.

    �Lending Gone Wild�

    During the past five years, the number of microloans in India has soared an average of 88 percent a year and borrower accounts have climbed 62 percent annually, giving India the world�s largest microfinance industry, Micro-Credit Ratings says.

    �This is unrestrained consumer lending gone wild,� Gibbons says. �It�s not about poverty reduction anymore.�

    Sumir Chadha, managing director at Sequoia Capital India Advisors Pvt., says that without a profit motive it�s hard to find anyone who will lend to the poor.

    �Capitalism doesn�t have to be a bad thing,� says Chadha, whose firm has a 14 percent stake in SKS. �If you can�t profit off the poor, it means that no companies will service the poor -- and then they will be worse off than earlier.�

    Chand Bee�s Tale

    For Chand Bee, a 50-year-old who led three borrowing groups in Andhra Pradesh, too many loans almost became her undoing.

    She says she ran away from home after collectors began harassing her. She took out multiple loans beginning in 2005, and she names Spandana as one of the lenders.

    Some of the money paid for the funeral of her eldest son. When she fell behind on payments, she says loan officers threatened to humiliate her in front of neighbors and pressed her to sell her small grandchildren into prostitution.

    She left her slum in Warangal, where she lived with her deaf husband, some of her eight grown children and more than a dozen grandchildren.

    After living as a beggar for a year, Chand Bee returned home in early November when family members told her that the state ordinance that went into effect on Oct. 15 had suspended some collections. A Spandana spokeswoman says none of the company�s four customers in the district with the name Chand Bee has had trouble repaying.

    Almost every household in the slum of 250 people -- where barefoot children play in lanes between rows of dilapidated shacks -- has taken several loans. So many microlenders ply their trade that residents refer to them by the days they collect: Monday company, Tuesday company and so on.

    Debt Free

    Rabbani, a widow with four children, is one of the few women who are debt-free. She started a spice shop with two loans, which she repaid with her small profit. After seeing her neighbors� pains, she vowed never to seek another microloan.

    SKS says 17 of its clients have committed suicide, none because of loans being in arrears or harassment.

    �Suicide is a complex issue,� Akula says.

    Sitting in the second-floor conference room of SKS�s seven- story headquarters in Hyderabad, where posters of smiling women running handicraft and tailor shops decorate the doors of elevators, Akula says there�s nothing wrong with seeking profits.

    �What does it matter to a poor woman how much an investor makes?� says Akula, dressed in his trademark knee-length kurta shirt from Fabindia, a seller of ethnic clothes made by rural craftsmen. �What matters to her is that she gets a loan on time at a reasonable rate that allows her to earn higher income.�





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  • yrspassby
    08-06 03:44 PM
    PEOPLE WONDER WHY THEY R PAID SO
    16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
    Tech: What's the problem?
    User: There is smoke coming out of the power supply.
    Tech: You'll need a new power supply.
    User: No, I don't! I just need to change the startup files.
    Tech: Sir, the power supply is faulty. You'll need to replace it.
    User: No way! Someone told me that I just needed to
    change the startup and it will fix the problem! All I need is for you to tell me the command.
    ****
    10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
    Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
    command that will fix the problem.
    User: I knew it!
    Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
    Letme know how it goes.
    ****
    10 minutes later.
    User: It didn't work. The power supply is still smoking.
    Tech: Well, what version of DOS are you using?
    User: MS-DOS 6.22.
    Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.

    1 hour later.

    User: I need a new power supply.
    Tech: How did you come to that conclusion?
    User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
    Tech: Then what did he say?
    User: He told me that my power supply isn't compatible with NOSMOKE.

    This one cracked me up so hard, I had to go out to patio to laugh hard and come back to my cube...This is awesome ... especiall the last part:

    "User: He told me that my power supply isn't compatible with NOSMOKE":D:D:D



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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






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  • 485Mbe4001
    09-30 03:01 PM
    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.


    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.



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  • nojoke
    04-15 04:31 PM
    We are mixing too many different aspects of home buying and creating confusion.

    We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.

    The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
    But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.

    That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.





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  • bobzibub
    04-07 11:56 AM
    One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.

    If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.

    It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.

    If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?

    Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.

    Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.



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  • chintu25
    08-08 06:54 PM
    Boss: Where were you born ?

    Santa: Oye Punjab.



    Boss: Which part?

    Santa: Oye, Kya which part? Whole body born in Punjab.





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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.



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  • gimme_GC2006
    03-23 02:19 PM
    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US





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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.



    more...


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  • thomachan72
    08-06 01:31 PM
    I am going to lodge a complaint with the IV administrators to close this thread. My belly muscles are hurting bad by laughing continuously. Wow friends, this is a selected lists, "cream from all the jokes". Please keep it going :D:D:D





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  • alisa
    01-10 11:22 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.

    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.





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  • GCInThisLife
    07-19 02:40 PM
    UN,
    I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?

    Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(

    first i'll tell a brief story.

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

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

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

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





    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





    StuckInTheMuck
    08-11 04:40 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
    While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)