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  • alisa
    01-03 02:36 PM
    Tomorrow the Bombay attack is old too.
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.





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  • unseenguy
    06-24 08:31 PM
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).

    Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)

    Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)





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  • chanduv23
    04-13 01:40 PM
    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.

    From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.

    In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.

    Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.

    As long as you declare income and pay taxes, this is not a grey area.

    Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.





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  • sledge_hammer
    06-05 02:14 PM
    It would be the most foolish thing to do to pay cash for your home, no matter how small your starter home is. If you make let's say 20% down, then you leverage is 80%, and so you are building equity on 100% of your home by only putting down 20%. The interest you pay on it now is 5%. What other investment can you leverage 1:4, get tax deductions on your interest, AND build equity?

    You may argue that margin buying is the same. But is that's not tax deductible!

    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.






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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.





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  • yagw
    08-20 02:56 AM
    One day Mr.X's little son was filling up an application and
    asked Mr.X what to write in the "Mother Tongue:...." field.

    Mr.X simply said 'write approximately 6cm'






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  • unitednations
    08-02 11:57 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot


    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.





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  • pthoko
    07-11 10:48 AM
    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.



    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.




    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.


    Yes H1B is NOT Stamped yet.






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  • LostInGCProcess
    08-05 02:59 PM
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D





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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.






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  • gg_ny
    02-21 03:00 PM
    This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.

    The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.

    Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.





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  • waitnwatch
    08-06 02:05 PM
    Ha ha ha ..................

    I just got a red dot with the following comment for explaining what INA and CFR are

    "Why ar eyou after BS + 5 years exp?"

    To the person who served up that comment ........I'm not for or against anything or anyone. I am just trying to put a legal and logical basis on the discussion. I think everyone working hard in the US deserves to get their green card sooner than later. This discussion will not influence USCIS in anyway so we might as well try to hone our arguments and thrash out the logic instead of lambasting each other on a personal level. I guess all of us here are educated enough to do that.






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  • jonty_11
    07-09 02:12 PM
    You already have I-94 valid until 11/11/2209.

    Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.


    ______________________
    Not a legal advice.
    Ah!! I see.....I do have the same i94 number on both the I-94s





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  • punjabi
    08-08 07:44 PM
    for this magnificent video!!



    a very nice video. Shows unity in a very nice perspective..

    http://www.vimeo.com/1211060

    The song is a Bengali poem written by Rabindranath Tagore.






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  • NKR
    08-06 04:16 PM
    Don't know how you saw that :-)
    I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))

    ps: Might involve a serious gender change too!

    I thought you ported pascal's id :)





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  • 485Mbe4001
    10-01 05:25 PM
    http://www.ontheissues.org/2008/Barack_Obama_Immigration.htm


    Barack Obama on Immigration
    Democratic nomine for President; Junior Senator (IL)

    America has nothing to fear from today's immigrants
    For all the noise and anger that too often surrounds the immigration debate, America has nothing to fear from today's immigrants. They have come here for the same reason that families have always come here--for the hope that in America, they could build a better life for themselves and their families. Like the waves of immigrants that came before them and the Hispanic Americans whose families have been here for generations, the recent arrival of Latino immigrants will only enrich our country.
    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    We need comprehensive reform, like McCain used to support
    Senator McCain used to offer change on immigration. He was a champion of comprehensive reform, and I admired him for it. But when he was running for his party's nomination, he walked away from that commitment and he's said he wouldn't even support his own legislation if it came up for a vote.
    If we are going to solve the challenges we face, you need a President who will pursue genuine solutions day in and day out. And that is my commitment to you.

    We need immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    Recognize the humanity of immigrants: Todos somos Americanos
    Ultimately, the danger to the American way of life is not that we will be overrun by those who do not look like us or do not yet speak our language. The danger will come if we fail to recognize the humanity of [immigrants]--if we withhold from them the opportunities we take for granted, and create a servant class in our midst.
    More broadly, the danger will come if we continue to stand idly by as the gap between Wall Street and Main Street grows, as Washington grows more out of touch, and as America grows more unequal. Because America can only prosper when all Americans prosper--brown, black, white, Asian, and Native American. That's the idea that lies at the heart of my campaign, and that's the idea that will lie at the heart of my presidency. Because we are all Americans. Todos somos Americanos. And in this country, we rise and fall together.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    GovWatch: Anti-immigrants fuel xenophobia, but 45% increase
    Barack Obama said at a Palm Beach fundraiser on May 22, "A certain segment has basically been feeding a kind of xenophobia. There's a reason why hate crimes against Hispanic people doubled last year. If you have people like Lou Dobbs and Rush Limbaugh ginning things up, it's not surprising that would happen."
    Obama needs to be more careful in his use of statistics. If he is going to blame Lou Dobbs and Rush Limbaugh for "ginning up" hate crimes against Hispanics, he needs solid data to back up his allegation. The hate crimes statistics are wildly inaccurate--and a subsequent modified claim provided by his campaign was also off the mark.

    Lou Dobbs of CNN has repeatedly made use of flawed statistics, but there is no excuse for resorting to equally flawed data to attack Dobbs and his ilk. Hate crime offenses against Latinos rose from 529 in 2003 to 770 in 2006, a total increase over three years of about 45% [not even closed to double].

    Source: GovWatch on 2008: Washington Post analysis Jun 4, 2008

    Encourage every student to learn a second language
    Q: Is there any down side to the US becoming a bilingual nation?
    A: It is important that everyone learns English and that we have that process of binding ourselves together as a country. Every student should be learning a second language, because when you start getting into a debate about bilingual education, for example, now, I want to make sure that children who are coming out of Spanish-speaking households had the opportunity to learn and are not falling behind. If bilingual education helps them do that, I want to give them the opportunity. But I also want to make sure that English-speaking children are getting foreign languages because this world is becoming more interdependent and part of the process of America's continued leadership in the world is going to be our capacity to communicate across boundaries, across borders, and that's something frankly where we've fallen behind. Foreign languages is one of those areas that I think has been neglected. I want to put more resources into it.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Need to look at different aspects of immigration reform
    We need stronger border security. We are cracking down on employers that are taking advantage of undocumented workers because they can't complain if they're not paid a minimum wage and not getting overtime. Worker safety laws are not being observed. We have to make sure that doesn't lead to people with Spanish surnames being discriminated against. We have to require that undocumented workers go to the back of the line, so that they are not getting citizenship before those who have applied legally.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Have border patrolled, surveillance, and deploy technology
    Q: Do you think your vote on the border fence or the implementation of it was wrong?
    A: The key is to consult with local communities, whether it's on the commercial interests or the environmental stakes of creating any kind of barrier. The Bush administration is not real good at listening. I will reverse that policy. There may be areas where it makes sense to have some fencing. Having border patrolled, surveillance, deploying effective technology, that's going to be the better approach.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Increasing the legal fees on immigrants is not helping
    It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. We have to improve our relationship with Mexico and work with the Mexican government so that their economy is producing jobs on that side of the border. The problem is that we have had an administration that came in promising all sorts of leadership on creating a US-Mexican relationship. Bush dropped the ball. He has been so obsessed with Iraq that we have not seen the kinds of outreach and cooperative work that would ensure that the Mexican economy is working not just for the very wealthy in Mexico, but for all people.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Deporting 12 million people is ridiculous and impractical
    The American people want fairness, want justice. They recognize that the idea that you're going to deport 12 million people is ridiculous, that we're not going to be devoting all our law enforcement resources to sending people back. But what they do also want is some order to the process. We're not going to be able to do these things in isolation. We're not going to be able to deal with the 12 million people who are living in the shadows and give them a way of getting out of the shadows if we don't also deal with the problem of this constant influx of undocumented workers. That's why comprehensive reform is so important. Something that we can do immediately that is very important is to pass the Dream Act, which allows children who through no fault of their own are here but have essentially grown up as Americans, allow them the opportunity for higher education. I do not want two classes of citizens in this country. I want everybody to prosper. That's going to be a top priority.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008
    and so on .....






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  • unitednations
    08-03 08:25 PM
    Here is my case details

    In US from Feb 2000 - till date
    PD :Aug 2002
    I140 approved on Aug 2004 (no rfe)
    I485 rcpt :sep 2005 pending for approval...

    worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
    my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.

    Applied I485 on
    2005. I guess my attorney filed my 2003 w2 with my i485 petion.
    I chaged from company A to company B on 2005

    Will im in trouble? UN or somebody can please help?


    You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.





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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.





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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





    alisa
    04-07 02:17 PM
    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?

    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.





    Cheran
    04-12 07:59 PM
    When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

    Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:


    On a side note
    There are serious health implications working on a sedentry job like software coding for long hours. You will notice it after you are 40. No company will give you your health back.
    I recently had a big conversation with the doctor about this when i went for my phhysicals. Doctors say the software engineer lifestyle where people work long long hours is not a good lifestyle. I explained to him that it is because people's green cards is tied up and they do it by compulsion.
    I have seen some people working continuously for days , weeks , months together. I have done that too. It is not a good thing to do. health is wealth and one must take care of it first.

    This is what happens in India where a lot of outsourcing is going on. Young engineers getting high pay and expected to work long hours "this seems to be an unofficial protocol" and thats how the whole industry has turned out to be.

    Here you have your weekends - save your weekends for yoruself. Go out enjoy. If your office calls ur cell switch it off or keep it on vibrate. Go and golf, watch broad way shows, play tennis , etc..

    I do not wish to deviate from the original topic. But just wanted to let you know that "Your health is your first priority"



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