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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





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  • gc28262
    06-07 02:58 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.





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  • Bpositive
    01-06 04:50 PM
    "They win people like you who would support killing on innocent civilians and school kids. "

    You must be kidding me!!





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  • Marphad
    01-07 04:30 PM
    Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".

    Didn't the truth finding commission found the real culprits in Sabarmati issue?

    Yes Nanavati commission found Madresa in Godhra was responsible!



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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.





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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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  • chintu25
    08-08 06:42 PM
    Thank God It's Friday


    A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).

    He smiled at her and replied, "S-H-I-T" (letters only)."

    She looked at him, puzzled, and said, "T-G-I-F" again.

    He acknowledged her remark again by answering, "S-H-I-T."

    The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.

    The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."

    The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"

    The man answered, "Sorry, Honey, It's Thursday."

    :D





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  • Rolling_Flood
    08-05 08:39 AM
    What do you mean "i am eligible for EB2"?????

    A JOB is what decides EB1/2/3, not your imagined eligibility !!

    If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.

    Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........


    Get Lost 'Rolling_Flood' - you dont understand anything, that's why you started a post like this.

    I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )

    What's wrong you see in my intentions ? Whats wrong you see in the law ?



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  • maddipati1
    03-23 03:08 PM
    Did you send Seinfeld a royalty? :D
    -a

    cheers





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  • ilwaiting
    04-09 11:09 AM
    Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......



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  • suavesandeep
    06-23 10:49 PM
    Ask current underwater home owners how much pleasure are they deriving from their owned home. Day to day pleasure of living may come from the size and the quality/amenities of the house you stay in, whether you own it or rent it is immaterial. If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it? Plus "owned" house is a little bit of misnomer here. Unless you have paid it off 100% it's not really your own. Rental property is owned by landlords and your "owned" home is in reality owned by your bank. Miss couple of payments and net results are very similar.

    Don't get me wrong. In rational market owning home is the easiest way to build up wealth but I can't stress the "rational" part of it enough. Although in most areas the excesses of housing bubble are washed away by now in some areas (like good school districts in Bay Area) the prices are still not aligned with the fundamentals like rents for similar properties and average annual incomes. Also renting has one huge advantage right now in this era of rapidly rising unemployment. You are mobile. You can easily move wherever you can find your next job.

    In long run it is always better (IMHO) to own than to rent. But in the short term - for next 1-2 years - I see no compelling argument to buy home unless you land a steal somehow. Sentimental red herrings like "pride and joy" of ownership is definitely not a way to go about making the biggest financial decision of your life. The fact that realtors use this exact phase so often should give you a clue!
    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 :).





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  • GCScrewed
    07-13 06:04 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.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.



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  • dealsnet
    01-07 10:14 AM
    Arafat supported Sadam for a land for Palastine. He was promised Kuwait City, which can house 2 million people for them. Iraq can take the oil field of Kuwait. Sadam army driven away and killed thousands of kuwaitis and raped the women. The kids born during the period are housed in a govt. complex now with their mothers. I have seen that, when I was in a visit to Kuwait. Why the palastine people, any way most of the Arabs are nomards, want to stay in Israel, to keep fight. They can move out and end of the story.Israel come back and claim their fore father's property. If all muslims want to fight, do it and will go to hell.
    Immigration voice is for immigration matters. But most people in the forum are from India, china, pakistan, srilanka etc. So we can discuss matters from our countries. Here nobody from Palastine, or Israel is here. So no need for this discussion. Only terrorists, fundamentalists wants a discussion for these unrelated matters.
    Why no body discuss about 4000 tamils killed in Srilanks in 2008?. This numbers released by their govt. yesterday. Donot think tamils went to srilanka and fight for the land. They are there from thousand of years. Tamil language spoken in india also, so people think these people went there recently. The Singala people also from India, went there from Orissa. Their language is not speaking in India now. Look the script, it is similar to some indian, dravidan script and similar words.
    International media give much coverage for 1 or 2 people killed in Israel or Palastine. But thosands killed in Africa, other palces every day.

    My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.

    Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.





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  • skd
    12-31 12:32 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html



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  • nojoke
    01-03 04:05 PM
    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.


    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.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.





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  • cinqsit
    03-26 02:08 PM
    UnitedNations,

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

    cinqsit



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • file485
    07-11 11:04 AM
    you can try gands.com for H1stamping..they might be a little expensive,but if it works and you want to avoid going back home for H1b stamping trauma..its worth it...

    we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US





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  • boldm28
    01-29 02:54 PM
    That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".

    IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE





    heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?





    gc28262
    03-24 07:30 PM
    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.

    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?



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