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Tuesday, July 5, 2011

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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.


    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.





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  • sledge_hammer
    12-17 04:19 PM
    This will probably be my last video post :)

    <object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/l2pisrNORiE&hl=en&fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/l2pisrNORiE&hl=en&fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>





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  • srikondoji
    08-14 09:11 AM
    On TV, when someone barks without any research backing it up, there is no one to counter him.

    Only few shows have a chance to counter, but again the anchor is so smart that he will make sure that his guest receives little time to attack the host.

    Guys the world is all about who is powerfull.

    It is time to go to gym.
    bye

    How the hell did he arrive at that figure ? the whole trouble with lou is he fabricates "research" such as the above statement with absolutely nothing to back it up. So much for the Harvard educated economist in him.





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  • xyzgc
    01-09 06:58 PM
    Online Israel-Hamas war
    http://www.foxnews.com/story/0,2933,478626,00.html



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  • qplearn
    11-14 10:09 PM
    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed and numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are licking their wounds.

    The SKIL was actually killed last time in the house, and Lou was/is a big friend of theirs. Lou has given them more publicity than anyone would ever have, and they used it to contact house members.

    And I did not mean that SKIL is killed for good obviously. If they've lost most friends our SKIL bill should sail in the lame duck session, and I don't have any problems with that :) Let's see what happens ....





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  • soni7007
    08-06 10:04 AM
    Personally I think "Obviously" response was derogatory and not funny at all.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.



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  • validIV
    06-26 10:20 AM
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later

    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.





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  • 485Mbe4001
    09-29 12:27 PM
    I understand your point of view, I used to work in solar energy. When i completed my post graduation most of the jobs required a USC (this was 10 yrs ago). I had to switch to software related jobs.

    For me the number one priority is how Obama will handle the Skilled immigration issues. will he guided by Sen Dick Durbin, who at the moment seems to be his policy wonk. That will be a disaster for us. They have no intension of supporting skilled immigrants. We will will have to make some serious decisions if he is elected.

    How many of us want to continue to stay in limbo...i dont.

    For all the outpouring of love for obama, i have yet to see a single concrete proposal. Take the renewal energy policy for example, i think he wants to spend $150 billion on renewal energy. How will he fund this? Who will pay for this. is it you and me with higher taxes..i am already taxed up to the wazoo. In an effort to win the election he is pandering to one and all. Can someone reduce my fears that he will help EB..i dont think so. He said in the debate that he will stop outsourcing, please tell me if that is possible and how will he do it?


    "Those who cannot remember the past are condemned to repeat it.''
    -- Spanish philosopher/poet/novelist George Santayana, 1906

    My primary reason for supporting Obama is environment...

    Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.

    My political slogan:
    "Blow baby blow"
    "Shine baby shine"
    - Renewable energy is the future, it is made in the USA!

    Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.

    However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have.



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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.





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  • Macaca
    12-28 06:33 PM
    India asserting its interests vis-a-vis China (http://search.japantimes.co.jp/cgi-bin/eo20101228a2.html) By Harsh Pant | Japan Times

    India hosted Chinese Premier Wen Jiabao earlier this month in an attempt to stabilize Sino-Indian ties, which have undergone great turbulence the past two years.

    There was no dearth of warm words during the visit: Wen, in a lecture in New Delhi, invoked Mahatma Gandhi as "a man of love and integrity" who "has always lived in my heart." He stressed that although Sino-Indian relations have experienced major turns, they were only a short episode in a 2000-year history of friendly bilateral exchanges.

    Indian External Affairs Minister S.M. Krishna reciprocated by suggesting that the two nations do not see any contradiction in each other's rise and that both understand the importance of leveraging growth and development with mutual cooperation.

    As in the past, economic ties ended up being the focus of the visit. The two sides have now set a target of $100 billion in trade expansion by 2015 from the present $60 billion. Wen had come to India with a group of around 300 Chinese executives; business deals worth about $16 billion were signed. But there was no progress on the regional trade agreement as India remains concerned about its growing trade deficit with China.

    China did not concede to India on any major issue while India decided to play hardball on various issues of importance to China. Wen, for example, refused to acknowledge Indian concerns over China's issuance of stapled visas to the residents of Jammu and Kashmir, the growing Chinese presence in Pakistan-occupied Kashmir, and anti-India terrorist groups operating from Pakistan. Unlike other major powers, China has refused to unambiguously demand that Pakistan shut down the terrorist infrastructure on its soil.

    For its part, India this time refused to explicitly state that it recognizes the Tibet Autonomous Region as part of the Chinese territory.

    There was little movement on a range of concerns that India had flagged before the visit. India had expressed concerns about Beijing damming rivers like the Brahmaputra as well as the nontariff trade barriers to Indian companies in China. India remains keen on gaining access to Chinese markets, especially in the area of pharmaceuticals, information technology and engineering goods.

    Despite the lackluster nature of Wen's India trip, the newfound robustness in India's China policy in recent months is rather striking. After trying to push significant differences with China under the carpet for years, Indian decision-makers are being forced to grudgingly acknowledge that the relationship with China is becoming more contentious.

    India has adopted a harder line on Tibet in recent weeks by making it clear to Beijing that it expects China to reciprocate on Jammu and Kashmir just as India has respected Chinese sensitivities on Tibet and Taiwan.

    Ignoring pressures from Beijing, India decided to take part in the Nobel Peace Prize ceremony for Chinese dissident Liu Xiaobo in Oslo. Beijing had asked several countries, including India, to boycott the ceremony, describing the prize as open support for criminal activities in China. India was among the 44 states that did participate; Pakistan, Russia, Saudi Arabia, Iran and Iraq were among the nations that did not attend. There were rumors that Wen might cancel his India trip in response.

    India's challenge is indeed formidable as it has not yet achieved the economic and political profile that China enjoys regionally and globally. But it gets increasingly bracketed with China as a rising power, emerging power or even a global superpower. India's main security concern is not the increasingly decrepit state of Pakistan but an ever more assertive China, which is widely viewed in India as having a better ability for strategic planning.

    Indian policymakers, however, continue to believe that Beijing is not a short-term threat to India but needs to be watched over the long term even as Indian defense officials increasingly warn in rather blunt terms about the disparity between the two Asian powers.

    India's naval chief has warned that India has neither "the capability nor the intention to match China force for force," while the former Indian air chief has suggested that China poses more of a threat to India than Pakistan.

    It is certainly in the interest of both India and China to stabilize their relationship by seeking out issues on which their interests converge. But strategic problems do not necessarily make for satisfactory solutions merely because they are desirable and in the interest of all.

    For a long time, India was not very important in China's foreign policy calculus, and there was a general perception that India could be easily pushed around. New Delhi's own actions also cemented a perception in China that it was easier to challenge Indian interests without incurring any cost.

    New Delhi's latest robustness in its dealings with Beijing should, therefore, be welcomed insofar as it clarifies certain red lines that remain nonnegotiable.

    Harsh V. Pant teaches at King's College London


    Asia's Busy 2010 in Review (http://www.realclearworld.com/articles/2010/12/28/asias_busy_2010_in_review_99328.html) By Todd Crowell | RealClearWorld
    Emerging Powers and Cooperative Security in Asia (http://www.rsis.edu.sg/publications/WorkingPapers/WP221.pdf) By Joshy M. Paul | S. Rajaratnam School of International Studies



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  • unitednations
    03-25 07:10 PM
    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.

    sent.





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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    -------------------------------------
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    ---------------------
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    ----------------------------------------------------------
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.



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  • nogc_noproblem
    08-06 02:08 PM
    A drunk went into a telephone booth and dialed at random . . .

    "Salvation Army," was the answer.
    "What do you do?" asked the man.
    "We save wicked men and women," came the reply.
    "Okay, save me a wicked woman for Saturday night."





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • Macaca
    05-01 05:56 PM
    In growing Chinese dominance, a wake-up call for America (http://www.washingtonpost.com/opinions/in-growing-chinese-dominance-a-wake-up-call-for-america/2011/04/27/AF7i3zGF_story.html) By Arvind Subramanian | The Washington Post

    The world’s two economic superpowers will meet soon for the third installment of their Strategic and Economic Dialogue. Beyond the specifics, the real issue for the United States and the world is China’s looming economic dominance. President Obama’s State of the Union address, after President Hu Jintao’s visit in January, showed the level of anxiety that policymakers feel about China as a potential rival and perhaps a threat, with growing economic, military and political power, including its bankrolling of American debt. But judging from the reaction to the president’s speech, that threat is not viewed as imminent. The same was said, some pointed out, of the rise of Russia and Japan, 40 and 20 years ago, respectively, and those threats turned out to be false alarms.

    But what if the threat is actually greater than policymakers suppose?

    According to the International Monetary Fund, for example, total U.S. gross domestic product in 2010 was $14.7 trillion, more than twice China’s $5.8 trillion, making the average American about 11 times more affluent than the average Chinese. Goldman Sachs does not forecast the Chinese economy overtaking that of the United States until 2025 at the earliest. Americans also draw satisfaction from their unmatched strengths of an open society, an entrepreneurial culture, and world-class universities and research institutions.

    But these beliefs may be overly sanguine. The underlying numbers that contribute to them are a little misleading because they are based on converting the value of goods and services around the world into dollars at market exchange rates.

    It has long been recognized that using the market exchange rate to value goods and services is misleading about the real costs of living in different countries. Several goods and services that are not traded across borders (medical care, retail services, construction, etc.) are cheaper in poorer countries because labor is abundant. Using the market exchange rate to compare living standards across countries understates the benefits that citizens in poor countries enjoy from having access to these goods and services. Estimates of purchasing power parity take account of these differing costs and are an alternative, and for some purposes a better, way of computing and comparing standards of living and economic output across countries.

    My calculations (explained in greater detail on the Peterson Institute Web site) show that the Chinese economy in 2010, adjusted for purchasing power, was worth about $14.8 trillion, surpassing that of the United States. And, on this basis, the average American is “only” four times as wealthy as the average Chinese, not 11 times as rich, as the conventional numbers suggest.

    The different approaches to valuing economic output and resources are not just of theoretical interest. They have real-world significance, especially in the balance of power and economic dominance. The conventional numbers would suggest that the United States has three times the capability of China to mobilize real military resources in the event of a conflict. The numbers based on purchasing-power parity suggest that conventional estimates considerably exaggerate U.S. capability. To the extent that the service of soldiers and other domestically produced goods and services constitute real military resources, the purchasing-power parity numbers must also be taken into account.

    The economic advantage China is gaining will only widen in the future because China’s gross domestic product growth rate will be substantially and consistently greater than that of the United States for the near future. By 2030, I expect the Chinese economy to be twice as large as that of the United States (in purchasing-power parity dollars).

    Moreover, China’s lead will not be confined to GDP. China is already the world’s largest exporter of goods. By 2030, China’s trade volume will be twice that of the United States. And, of course, China is also a net creditor to the United States.

    The combination of economic size, trade and creditor status will confer on China a kind of economic dominance that the United States enjoyed for about five to six decades after World War II and that Britain enjoyed at the peak of empire in the late 19th century.

    This will matter in two important ways. America’s ability to influence China will be seriously diminished, which is already evident in China’s unwillingness to change its exchange rate policy despite U.S. urging. And the open trading and financial system that the United States fashioned after World War II will be increasingly China’s to sustain or undermine.

    The new numbers, the underlying realities they represent and the future they portend must serve as a wake-up call for America to get its fiscal house in order and quickly find new sources of economic dynamism if it is not to cede its preeminence to a rising, perhaps already risen, China.

    Arvind Subramanian is a senior fellow at the Peterson Institute and the author of a forthcoming book on China’s economic dominance


    America vs China: A reality check (http://businessstandard.com/india/news/arvind-subramanian-america-vs-chinareality-check/434188/) By Arvind Subramanian | Business Standard
    The Chinese Are Coming! (http://the-diplomat.com/2011/05/01/the-chinese-are-coming/) By Douglas H. Paal | The Diploma
    Do American Students Study Too Hard?
    A new documentary argues that kids these days memorize too many facts. Go figure. (http://online.wsj.com/article/SB10001424052748703655404576292752313629990.html)
    By JAMES FREEMAN | Wall Street Journal
    Eyeing the White House After Service in China (http://www.nytimes.com/2011/05/01/us/politics/01huntsman.html) By MICHAEL WINES | New York Times


    At Microsoft, future growth rides on research, innovation (http://www.thehindu.com/opinion/op-ed/article1983686.ece) By G. ANANTHAKRISHNAN | Hindu
    Financial crisis? What financial crisis? (http://www.washingtonpost.com/business/economy/financial-crisis-what-financial-crisis/2011/04/26/AFhB2oNF_story.html) By Steven Pearlstein | The Washington Post
    The free-trade trade (http://www.washingtonpost.com/opinions/the-free-trade-trade/2011/04/28/AF3TsXNF_story.html) The Washington Post Editorial
    Running in the red: How the U.S., on the road to surplus, detoured to massive debt (http://www.washingtonpost.com/business/economy/running-in-the-red-how-the-us-on-the-road-to-surplus-detoured-to-massive-debt/2011/04/28/AFFU7rNF_story.html) By Lori Montgomery | The Washington Post





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  • gapala
    06-12 06:59 AM
    Guys.. stay put for now..
    Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

    Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

    When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.



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  • nogc_noproblem
    08-22 03:10 PM
    A man walks into a bar and he's really pissed.

    The bartender gives him a drink and asks what the problem is. All he says is, "All lawyers are idiots."

    A man sitting in the corner shouts, "I take offense to that!"

    The pissed-off guy asks him, "Why? Are you a lawyer?"

    He replies, "No, I'm an idiot."





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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?





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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819





    NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�





    unitednations
    08-02 12:29 PM
    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.



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