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  • GCapplicant
    07-13 04:46 PM
    I am just losing confidence.Just wondering how they have moved only the second category -when there is someone highly retrogressed.
    To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.

    Its just a spillover,why cant they give it equally.Why no one is ready to question for us?





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  • jonty_11
    07-13 05:51 PM
    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.
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initiatives like - call campaigns for House bills...etc. As I have said before IV is working for one and all...w/o caring for their categories. It was not IV that created this spillover policy...however IV is the one that will fight for you irrespective of whether you are EB1, 2 or 3. The key is to post a united front and some level of participation from every member...I was sad to see Pappu publish low numbers for contributions and phone calls....and only wish we would come together as a group rather than breaking apart.
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 years.....it is not that it is current





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  • mrajatish
    07-08 10:07 AM
    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.

    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.





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  • Macaca
    02-21 04:04 PM
    Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.



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  • gc4me
    12-17 03:57 PM
    Is it 200 not 2000 :D

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.





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  • ca_immigrant
    06-23 12:38 PM
    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !



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  • Macaca
    02-15 05:34 PM
    San Francisco's Democrat (http://online.wsj.com/article/SB120303714722970265.html?mod=opinion_main_review_ and_outlooks) WSJ Editorial, Feb 15

    Speaker Nancy Pelosi and House Democrats appear to have decided that November's election is a distraction from their effort to simply pull the plug on a sitting President. How else to explain what is happening in the House this week?

    Democrats voted yesterday, for the first time in decades, to hold two White House officials in contempt of Congress. Hours later it emerged that Ms. Pelosi has apparently decided not to vote on the warrantless wiretap bill passed by the Senate days ago. This means that the Protect America Act -- which conferred Congressional support to wiretapping suspected al Qaeda terrorists -- will expire at midnight today.

    We admit to wondering earlier this week whether Congress's interrogating Roger Clemens was the best use of the Representatives' time. On the evidence, the country will be safer if the House takes up tilting at windmills.

    Speaker Pelosi says that letting the Protect America Act evaporate is no big deal. But the Director of National Intelligence told Congress last summer that the Administration lost two-thirds of its terrorist-surveillance capacity after it agreed to go to the Foreign Intelligence Surveillance Court and a judge there required a finding of probable cause to listen in on terrorists abroad.

    There are in fact enough Blue Dog Democratic votes in the House to pass the Senate bill, which had Democratic support there as well. But Ms. Pelosi instructed House Intelligence Committee Chairman Sylvester Reyes to begin negotiations with the Senate on a compromise bill. This effectively tosses the entire surveillance program into a kind of limbo, with all players uncertain about its practical authority.

    This was of a piece with the remarkable contempt vote against White House Chief of Staff Josh Bolten and former Counsel Harriet Miers, which passed 223 to 32, as Minority Leader John Boehner led the Republican delegation out of the chamber. The pretext for this historic moment? The fight over the fired U.S. Attorneys. Remember that?

    This is the scandal that vanished because there was nothing to it. U.S. Attorneys are political appointees who serve at the pleasure of the President; he can fire any -- or even all -- of them if he sees fit. This nonscandal seemed to fade into the mists after it hastened the departure of Attorney General Alberto Gonzales. Ms. Pelosi asserts that this virtually never-used contempt vote is necessary to ensure "oversight" of the executive.

    Mr. Bolten and Ms. Miers, however, refused under orders from the President and on the advice of the Solicitor General, on the principle that the President's advisers should be free to give advice to the President without being called before Congress to explain themselves. Democratic Presidents to the horizon have made this claim.

    Every time he speaks, Barack Obama promises to overcome "bitter partisanship and petty bickering." Good luck with that. The House Speaker from San Francisco is obviously running her own campaign to gain control of the White House. The needs of the party's Presidential candidates appear to be a distraction from this.


    The House Strikes Back (http://www.washingtonpost.com/wp-dyn/content/blog/2008/02/15/BL2008021502107.html?hpid=opinionsbox1) By Dan Froomkin | washingtonpost.com, Feb 15





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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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  • rima1805
    03-23 09:36 AM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!





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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.



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  • nogc_noproblem
    08-06 11:40 AM
    The owner of this drug store walks in to find a guy leaning heavily against a wall.

    "What's with that guy over there by the wall?" ask the owner

    "Well, he came in here this morning to get something for his cough. I couldn't find the cough syrup, so I gave him an entire bottle of laxative." Replied the clerk.

    "You idiot!" Yelled the owner" You can't treat a cough with a bottle of laxatives!"

    "Of course you can!" replied the clerk, "Look at him; he's afraid to cough!"





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  • DSLStart
    03-23 10:08 PM
    Man!!! thats getting nastier..
    Best bet for you is to hire an attorney to come out of this trap.
    Good luck!

    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)



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  • nogc_noproblem
    08-06 02:12 PM
    A man spoke frantically into the phone: "She's pregnant, in labor and her contractions are only 2 minutes apart!!"

    "Is this her first child?" asked the Doctor.

    "NO, YOU IDIOT" the man shouted, "This is her husband!"





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  • Munna Bhai
    07-09 05:06 AM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

    Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.

    But do get intouch with old company.



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  • satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.





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  • gccovet
    08-05 04:10 PM
    WOW!!!!!!!!!!Rolling_Flood will be ROFLOL!!!!!!
    What a waste of time, folks!!!!



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  • xyzgc
    01-06 07:49 PM
    I am not spewing venom against anyone or any faithful members of other religion.

    When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.

    Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?

    Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???

    I think you are missing lot of points here.
    It is not OK either way. But you must count the number of islamic aggressions on India since 1600 A.D.

    If Hindus have killed 10 muslims, muslims have killed 1000! They have continued violence despite given their own land! It is a surprise Hinduism actually has survived despite so many attacks and conversions.
    The same can't be said of Jews of course, they are killing 10 for every 10!

    And nobody blamed entire muslims for Bombay attack, people were angry because some IVians didn't want to acknowledge this issue of terrorism and justified it on some ground or the other.
    Other good Pakis like Alisa acknowledged it very openly but refused to apologize, which is good because for some dirty people the world doesn't need to apologize. Most Pakis simply left hateful messages instead of acknowledging this issue.

    If others have already said this, excuse me, I didn't read the other posts.





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  • sanju
    01-06 05:20 PM
    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.


    Look dude, your rants are not helping to get support for Palestine cause. To the contrary, your rants is likely to drive people away and people are likely going to be less sympathic for the palestinian people.

    So you have a problem with the term "Islamic Terrorism". Why is that? Weren't the terrorist conducting such acts in the name of their religion which is islam. So whats wrong with the term "Islamic Terrorism". I don't see anything wrong with that term. Do you?

    Why should I care for someone across the world? And are you going to force me to care for someone I don't care? Is that what your objective is?

    Dude, why just cry over hundred of muslims when millions were slaughtered by muslims in sudan. What about the role of muslims in Sudan?
    http://arabracismislamofascism.wordpress.com/2008/08/12/cbs-60-minutes-failes-to-mention-muslim-role-in-sudan-genocide/

    Here is an example when press deliberatly ignores mentioning that millions were killed by who - ISLAMIC FACIST MALITIA. Why are you always blaming media for reporting what they report. A lot of times, just to be politically correct, media OVERLOOKS mentioning the IMPORTANT FACTS like millions killed by ISLAMIC FACIST MALITIA IN SUDAN.


    Don't tell me members of this forum didn't blame muslims and their faith.


    Big deal, people were merely expressing their opinion freely, is that bad?
    Some member of this forum forum did blame muslims anf their faith, but ALL members of this forum did not blame muslims and their faith. I remember Drirshad, bafidia, budyinsfo who are members of the same forum were not blaming muslims. So ALL members of the forum were not blaiming muslims just as your assertion that ALL muslims do not support TERRORIST and TERRORISM.



    Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.


    Well don't, because your religious leaders preach terrorism and they are to be blamed and not me. People who follow those religious leaders who preach hate and terror are to be blamed, not me.

    I hope you see what you are doing to the crowd here. Most people are sympathic towards the palenstine in some way although most people here acknowledge that Hamas is a terroist organization. But your rants are converting this crowd into justifying Isreal. Your behavior is no different than the behavior of the Palestine leaders which drive away people/counteries who are/maybe sym,pathic towards them. So please step back and question yourself, why are you deliberatly provoking this crowd by posting such stuff. What is your objective?



    .





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  • diptam
    08-05 11:13 AM
    By now , we know very well who you are !! Because you ran away when peoples asked you real questions.

    To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

    Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

    As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !

    Good bye !



    Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.





    gondalguru
    07-08 07:10 PM
    I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.

    With that said I also felt the pain as other members did due to the July bulletin fiasco.

    Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?

    Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????





    sri1309
    12-18 05:53 PM
    PLEASE dont post any threads unrelated to immigration here.
    Can the moderators please delete this thread. I see hardly a post a day on important ones like change.gov, and loooks like we have time to get into these.. Please..