Friday, July 8, 2011

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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris


    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.





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  • alisa
    01-04 03:21 PM
    I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists.

    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.





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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?





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  • unseenguy
    06-26 03:02 PM
    There is a myth with deduction:

    Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.

    However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.

    ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.

    If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.



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  • singhsa3
    08-06 09:06 AM
    Personally I think "Obviously" response was derogatory and not funny at all.
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.





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  • alterego
    11-15 07:17 AM
    That has been Lou's view all along. Yet I doubt its sincerity, it follows along the Numbersusa ploy that if you make things hard enough first, all but the ones with the strongest roots will leave. Hence they will say enforcement first but then once that is done you will hear all the restrictionist agenda. In fact there has been some stepped up security at the border recently.
    The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
    Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
    The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.



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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris





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  • Refugee_New
    01-07 05:09 PM
    You know what is your problem?
    From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
    '


    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.



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  • thakurrajiv
    03-26 10:13 AM
    These banks, Mortgage companies and realtors - The whole nexus of sharks have made refinance almost impossible since last week.. Any body else noticed that? What happened is as soon as FED cut down the rate this nexus dramatically reduces the price 10 - 15%. If you go to zillow, you would find at least 10% reduction published for almost every home with comparison to 5 days before... Something is cooking up.. I do not know what it may be...At least for VA, MD, DC based homes I see this pattern. It looks like, lenders do not want to invite refinances.. and that is scary. Even most sites shows the list of properties with less value under " property sold last in 6 months" and make the properties disappeared which wer sold with reasonable price. I noticed this pattern for many bank alerts as well. So now the real picture you can get from is the county database only to fight these sharks. Are they trying to divert all to government loans (FHA?)... watch out.
    I posted a few messages in another thread on macroeconomic issues. As you found out, a lot of people don't understand the severity of credit crunch. If you have lot of cash, yes you have a big advantage, go and invest. Even if you get it wrong for next 5 years, you will be ok.
    But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
    If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!





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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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  • unitednations
    08-02 06:06 PM
    UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.


    There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.

    Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).





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  • nojoke
    01-04 01:11 PM
    I don't have a lot of time either. My wife is getting increasingly irritated; I might lose my laptop-privileges pretty soon.


    Its not because I am defending Dawood. Its just that when people talk about Dawood, the response from Pakistan has been that India is giving the list of the usual suspects, and trying to score points. [They also deny that he is in Pakistan]. So, I say, forget the past. Just focus on Bombay; get to the bottom of it, use it as an opportunity to improve relations between India and Pakistan, and move forward.


    First of all, 'I' won't be taking any action, regardless of what proof anyone provides.
    Secondly, I think Pakistan shouldn't need to be provided any proof. Pakistan should do its own investigation. And Pakistan and India should also cooperate in their investigations.
    And then Pakistan should charge those people with 'treason', and hang them.


    First of all, there is no 'we' as you mean it. This is not IndianImmigrationVoice, despite repeated and increasing evidence to the contrary.
    Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan me a million dollars, 'trust' is a moot point.




    I think you are unable to distinguish between an individual (me for example, or you), groups of individuals (any one of the militant groups), the state and the government (Pakistan or India), the media, and the public opinion.

    I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists. Forget Dawood, what about azad (plane hijacker). You acknowledge he is in pakistan. If not him, can you find at least one guy from pakistan out of hundreds who have committed terrorist acts on India. Please don't hide behing 'past is past'. Do you see why we(not this forum members, but people of India) feel that pakistan government or ISI has some role in these incidents.
    Note: 'we' meant not this forum members. 'You' meant people of pakistan and government.



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  • Macaca
    12-30 06:47 PM
    China Respects European Unity (http://csis.org/files/publication/pac1062.pdf) By Jonas Parello-Plesner | Center for Strategic and Int'l Studies

    The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.

    While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.

    This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.

    On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.

    How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.

    By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.

    The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.

    The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.

    The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.

    Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.

    A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.

    The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.

    A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.

    For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.

    Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.





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  • pthoko
    07-11 05:27 PM
    Putting more pressure on the UN

    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.



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  • ganguteli
    03-24 09:16 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.

    I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

    The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

    I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

    I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

    So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.





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  • khelanphelan
    05-24 12:11 PM
    Did the brownback amendment pass with the CIR?



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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance





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  • rajuseattle
    07-14 08:59 PM
    digital2k,

    Petition or efforts to recapture wasted VISA numbers is a good effort and I do support that inititiative.

    But their seems to be other petition floating around which ignited verbal fighting/arguments between EB-2 and EB-3 indians, that's harmful for the unity of this community (IV).

    I was against that petition which was written to Charles oppenheim complaning about the allocation of spill over VISA numbers to EB-2 India and China.


    I hope this explains my stand on IV efforts.





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  • dealsnet
    01-07 06:46 PM
    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


    ----------------------------------------------------------------------------





    damialok
    04-07 02:24 PM
    I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.

    The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.

    Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
    Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.

    No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.





    mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.



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