Friday, July 8, 2011

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  • unitednations
    03-24 01:16 PM
    You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.



    The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).

    You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.



    Yes; I read all of the reports and I have intimate knowledge of how all of this works.

    Fact only dual intent visas are H/L/O and K visas.

    All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.

    Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.

    Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.

    Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;

    Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.

    There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.

    I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.

    In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.

    I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.

    Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.

    If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.

    Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.





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  • indianindian2006
    08-02 02:21 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.





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  • dontcareanymore
    08-05 12:59 PM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.

    And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.





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  • ca_immigrant
    06-23 03:55 PM
    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

    in agreement.....there is definately pleasure in living in your own house....



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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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  • gaz
    01-10 06:48 AM
    Killing of innocents is always terrible. Even more so when it is children.

    Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.

    Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
    helping the wounded in Gaza.

    "when Elephants fight, its the grass that suffers."


    I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.

    Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.

    Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.

    When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.

    So collateral is always in play.


    :D



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  • Macaca
    12-27 06:24 PM
    The Year That Was: Corruption Scandals of 2010 (http://blogs.wsj.com/indiarealtime/2010/12/27/the-year-that-was-corruption-scandals-of-2010/) By Tripti Lahiri | IndiaRealTime

    This week, as we countdown to 2011, India Real Time casts a look back at the big news events of this year.

    We�re not sure we can say it was the best of times, but sometimes it certainly felt like the worst of times, at least for the Congress-led government, which saw a series of corruption scandals unfold on its watch.

    Here are the top five scandals of 2010, in chronological order:

    Tharoorgate: In April, then junior foreign minister Shashi Tharoor, a first-time MP from Kerala, was forced to resign after Indian Premier League founder Lalit Kumar Modi raised questions on Twitter about the equity given to a woman close to Mr. Tharoor in a consortium that successfully bid for a new franchise for an Indian Premier League cricket team.

    Mr. Tharoor denied that he stood to gain financially from the team, which was to represent a Kerala city.

    The ruckus led income-tax authorities to examine the ownership holdings in the league�s other teams. Meanwhile the body that regulates cricket in India began to look at Mr. Modi�s financial dealings with regard to the league and also relieved him of his post as IPL commissioner.

    By the end of 2010 Mr. Tharoor and the woman, public relations executive Sunanda Pushkar were married. It also looks like a team from Kochi will play in the next season of the Indian Premier League.

    The Commonwealth Games: The Games, estimated to cost $6 billion, were plagued by allegations of financial mismanagement, instances of work safety violations, construction accidents and extreme delays in the preparations.

    At one point it seemed possible that the Games may not take place at all as visiting delegations complained of filthy and incomplete worker accommodations and health concerns around dengue stemming a surge in mosquitoes in Delhi as a result of heavy monsoon rains this year.

    It looked set to be a national embarrassment but a snazzy opening ceremony smoothed things over and roused some sporting spirit from Delhi residents, though there continued to be reports of disorganization, including around ticket sales and with getting real-time results from the events.

    After the event, the prime minster promised a full investigation. On Friday, the Central Bureau of Investigation agency officials searched the office and residence of Indian Olympic Association president Suresh Kalmadi, chief Games organizer, and his assistant. Earlier, two other organizing officials were arrested.

    2G: The scandal over the potential revenue lost from from giving discounted spectrum to telecom companies in 2008 is the biggest of them all.

    The Controller and Auditor General said in November that the flawed allocation may have cost the government $40 billion in lost revenue, and the size of that figure has stoke public ire and given the opposition Bharatiya Janata Party loads of ammunition to attack the government.

    Ahead of the report being tabled in Parliament, Telecom minister A. Raja stepped down on Nov. 14, though he maintains he did nothing wrong. The Central Bureau of Investigation questioned him on Friday and Saturday.

    The 2G scandal led to even more wastage of taxpayer money than the $40 billion the audit report mentioned. The stalemate between the Congress and the BJP over the opposition�s demand for a parliamentary inquiry led to a parliamentary session that, according to some news reports, saw less than 10 hours of work take place.

    Tapegate: Just as the storm of criticism around the Congress Party�s record on governance was at its height, news reports appeared in two magazines that shifted the spotlight away from Mr. Raja and the spectrum allocations and on to reporters instead.

    The news reports carried transcripts of leaked phone taps of conversations between top reporters like NDTV�s Barkha Dutt, Hindustan Times columnist Vir Sanghvi, senior editors at various business dailies and corporate lobbyist Niira Radia, who represents the Tata Group and Reliance Industries chair Mukesh Ambani. The conversations were tapped by the income tax department after a tip-off that Ms. Radia might be a spy.

    The leaked conversations led many Indians to feel jaded with the news media, so far a fairly respected pillar of Indian democracy for its sting operations on officials. They accused influential journalists of being too close to corporate and political interests and of concealing the real news. Ms. Dutt and Mr. Sanghvi have said they did not pass on any messages on behalf of Ms. Radia, and that she was just one of many useful sources.

    This scandal made bigger news on Twitter than in the Indian press at first, and distracted attention away from the 2G investigation for a good month.

    Loan-fixing: And if all that wasn�t enough, in late November came the news that eight people had been arrested, including officials from the state-run Life Insurance Corporation�s mortgage arm, state-run banks and an investment firm. The Central Bureau of Investigation said the men collaborated in a conspiracy to funnel loan money to certain firms in exchange for bribes.





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  • xyzgc
    12-28 12:21 AM
    Please don't advocate war.
    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.

    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)



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  • sledge_hammer
    12-17 04:14 PM
    I too will post something funny :)

    <object width="340" height="285"><param name="movie" value="http://www.youtube.com/v/3VJrXo5zGNk&hl=en&fs=1&rel=0&border=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/3VJrXo5zGNk&hl=en&fs=1&rel=0&border=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="340" height="285"></embed></object>





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  • xyzgc
    12-24 01:43 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!

    I think everyone should check this out.
    http://www.youtube.com/watch?v=izUv-ywBeg4

    This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.

    And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
    Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!

    Another eye-opener about Islamicn bad practices! Again from an Arab!
    http://www.youtube.com/watch?v=-SP-YcsOSco



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  • desi485
    08-06 01:36 AM
    We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

    What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

    Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)


    cinqsit

    well said brother. I am EB2, but I am ready to wear red black stars to protest the ppl like Rolling Blood (flood).





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  • Macaca
    05-27 06:05 PM
    The Audacity of Chinese Frauds (http://www.nytimes.com/2011/05/27/business/27norris.html) By FLOYD NORRIS | The New York Times

    To pull off a fraud that humiliates the cream of the global financial elite, you need to have some friends. And where better to have them than at the local bank?

    The fraud at Longtop Financial Technologies, a Chinese financial software company, was exposed this week in an amazing letter from its auditors, Deloitte Touche Tohmatsu. It appears to be a tale of corrupt bankers and their threats to auditors who had learned of the lies.

    Deloitte, which had given clean audit opinions to Longtop for six consecutive years, apparently was well on its way to providing a seventh, for the fiscal year that ended March 31. But for some reason � Deloitte did not say why �the auditor went back to Longtop�s banks last week to again seek confirmation of cash balances.

    It appears Deloitte sought confirmations from bank headquarters, rather than the local branches that had previously verified that Longtop�s cash really was on deposit. And that set off panic at the software firm.

    �Within hours� of beginning the new round of confirmations on May 17, the confirmation process was stopped, Deloitte stated in its letter of resignation, the result of �intervention by the company�s officials including the chief operating officer, the confirmation process was stopped.�

    The company told banks that Deloitte was not really the auditor. It seized documents, Deloitte wrote, and made �threats to stop our staff leaving the company premises unless they allowed the company to retain our audit files.�

    Despite the company�s efforts, Deloitte learned Longtop did not have the cash it claimed and that there were �significant bank borrowings� not reflected in the company�s books.

    A few days later, Deloitte said, Longtop�s chairman, Jia Xiao Gong, told a Deloitte partner that there was �fake cash recorded on the books� because there had been �fake revenue in the past.�

    The stock has not traded since that confrontation. The final trade on the New York Stock Exchange was for $18.93, a price that valued the company at $1.1 billion. At its peak in November, it had a market capitalization of $2.4 billion.

    It now seems likely that the stock is worthless. It is a real company, but its revenue and profits probably were a small fraction of the amounts reported. The existence of the �significant� debt means that whatever assets are left are likely to be owned by the banks, not the investors.

    Deloitte may have decided to check the numbers again because it knew a growing group of bears on the stock had been challenging the Longtop story as too good to be true, questioning both its financial statements and the claims it made for its software. A month earlier, Deloitte resigned as the auditor of another Chinese company, China MediaExpress, in part because of questions about bank confirmations.

    It is never good for an auditor to have certified a fraud, but Deloitte seems to have acted properly. It got bank confirmations, and it got them directly from the banks rather than relying on the company to provide them, as PricewaterhouseCoopers had done when it failed to notice a huge fraud at Satyam, an Indian technology company.

    But the confirmations were lies.

    �This means the Chinese banks were in on the fraud, at least at branch level,� says John Hempton, the chief investment officer of Bronte Capital, an Australian hedge fund. He was one of the bears who questioned Longtop�s claims and now stands to profit from the stock�s collapse.

    �This is no longer a story about Longtop, and it is not a story about Deloitte,� he added. �Given the centrality of Chinese banks to the global economy, it�s a story much bigger than Deloitte or Longtop.�

    The Securities and Exchange Commission has started an investigation, and no doubt more details will emerge, including the names of the banks involved. Just what, if anything, Chinese officials choose to do could provide an indication about whether defrauding foreign investors is deemed to be a serious crime in China.

    Fraud in Chinese stocks is not new. But it had seemed that the worst problems were in small companies without Wall Street pedigrees. Many of the fraudulent companies went public in the United States by the reverse-merger shell route, a course long favored by shady stock promoters. That route allowed companies to start trading without going though a formal underwriting process or having its prospectus reviewed by the S.E.C. And many used tiny audit firms based in the United States that seemingly did little if any work.

    What is stunning about Longtop and some other recent disasters is the list of smart people who were fooled.

    Longtop did not go public through a reverse merger. Its initial public offering, in 2007, was underwritten by Goldman Sachs and Deutsche Bank. Morgan Stanley was a lead manager in a 2009 offering of more shares. Major owners of the stock included hedge funds run by people known as �tiger cubs� because they got their start at Julian Robertson�s Tiger Fund.

    On May 4, only a couple of weeks before the fateful struggle at Longtop offices, an analyst for Morgan Stanley, Carol Wang, wrote:

    �Longtop�s stock price has been very volatile in recent days amid fraud allegations that management has denied. Our analysis of margins and cash flow gives us confidence in its accounting methods. We believe market misconceptions provide a good entry point for long-term investors.�

    By then, Longtop officials had begun to scramble. According to its last audited balance sheet, cash accounted for more than half of Longtop�s $606 million in assets. Bears were asking why the company needed all that cash and were questioning whether it existed.

    In mid-March, just after the fraud at China MediaExpress was exposed, Longtop announced plans to put some of the cash to use by spending up to $50 million to repurchase its own shares. On April 28, the company tried to assure analysts that the fraud claims were bogus. Derek Palaschuk, a Canadian accountant who served as the company�s chief financial officer, wrapped himself in Deloitte�s prestige, saying that those who questioned Longtop were �criticizing the integrity of one of the top accounting firms in the world.�

    �For me,� he said, �the most important relations I have other than with my family, my C.E.O., and then the next on the list is Deloitte as our auditor, because their trust and support is extremely important.�

    Mr. Palaschuk had an explanation for why the company had not repurchased any shares. It had some very good news that it had not yet released, and �we were advised by our securities counsel that we should not be in the market purchasing our own shares in the event that this would be considered insider trading.�

    Longtop is not the only Chinese fraud that caught prominent Americans. Starr International, an investment company run by Hank Greenberg, the former chairman of American International Group, invested $43.5 million in China MediaExpress and had a representative on the company�s board. Starr has filed suit in Delaware against the company and Deloitte.

    Goldman Sachs was not the underwriter of ShengdaTech, a Chinese chemical company traded on Nasdaq, but its investment arm, Goldman Sachs Investment Management, had accumulated a 7.6 percent stake in the company before its auditor, KPMG, refused to sign off on the company�s 2010 annual report and then resigned in late April. KPMG cited �serious discrepancies� regarding bank balances and �discrepancies between KPMG�s direct calls to customers and confirmations returned by mail.� Just as at Longtop, it appeared that auditors had been given false confirmation letters.

    In each of those three cases � Longtop, China MediaExpress and ShengdaTech � the auditors discovered discrepancies, but only after signing off on financial statements. That was not the case in this year�s other � and perhaps most embarrassing � resignation by a Big Four auditing firm.



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  • singhsa3
    08-05 09:46 AM
    I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!





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  • mariner5555
    03-23 10:23 PM
    This whole GC process is unpredictable. Don't waste ur life for it. Do whatever u think is best for you. It will be America on the loosing side if they deny u the GC after u have bought the home.
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986



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  • GCOP
    07-14 10:53 AM
    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?





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  • unitednations
    03-24 12:44 PM
    can you kindly enlighten me on what you exactly mean by "suspicious" original poster?

    Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn

    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.



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  • amsgc
    08-25 10:21 PM
    .





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  • whattodo
    07-11 11:49 AM
    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?





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  • r2i2009
    05-04 01:10 PM
    House...forget it......


    It will never reach those highs again...

    In US..RE is done.

    Not 485...look at the number of foreclosures.....and inflation.....

    untill the war is over...forget...





    dealsnet
    01-07 12:25 PM
    Here I got a comment from a member about the Palastine people. Ask any Indian in middle east about them. They hate the palastines. They consider Indians as inferior to them. They act like superior.
    I heard many saying , 'if they behaving like this as a refuge, if they have own country what will be their attitude?'
    Some guys support traitors. Any way all terrorists are traitors of the country they live.
    see link which a member send to me. www.thereligionofpeace.com
    another one.http://www.faithfreedom.org/Articles.htm

    I am pasting a feedback from a member.
    'got it right, I met many people from palastine, none of them qualifies as good human'





    go2roomshare
    04-07 07:04 PM
    I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??



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