Thursday, July 7, 2011

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  • srkamath
    07-13 02:04 PM
    First off, we are here to get our GC faster so the effort is commendable. ...........

    The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.

    2000 - 2007 Average
    33,000 EB2 / year
    83,000 EB3 / year

    There are simply too many EB3 cases compared to the visas available.

    EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.

    Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.

    Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.





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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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  • gimme_GC2006
    04-13 02:22 PM
    OK...an Update..

    I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.

    duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.

    How do I respond? :eek:





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  • unitednations
    08-08 04:33 PM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.



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  • axp817
    03-25 12:07 PM
    UN,
    Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.

    Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?

    And I assume the same applies to H-1B renewals as well.

    That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?

    Thanks,





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  • gapala
    06-07 04:39 PM
    The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.

    But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself. JunRN, My comments are not about your individual situation but rather a broader analysis. Individual cases may be different based on location preference and affordability and other social factors.

    Historically, during the summer time, home prices will marginally increase as many people are expected to or will go around to buy homes. If you look at any listing which shows the historic prices such as trulia.. you will see that Builders are resorting to same tactics.. 20000 increase... some time around mid May 2009.... It will continue for couple of months.. but will not sustain in this situation. During the end of Fall into winter, it is going to come down and by Mid 2010.. based on popular economic forecast the prices will floor.

    Think about this, Every one knows that Home prices cannot go up in the midst of job losses and recession....unless there is Inflation, in which case, House prices will be the last thing to rise.. after all the consumer goods and services start to peak.. The media in this country is messing around with people's head with their opinion playing it over and over again as if they got it all figured out... to drive people to make stupid decisions and take up huge financial commitments..

    Lot of builders are already filing for bankruptcy and banks who lent them, end up owning the properties... What do they do with all those houses if no one can afford to buy them? .. they wreck the new houses... Yes.. This is going to be another round of collapse comming our way unless.. they reform immigration policies to allow more educated folks who can buy those homes..... I should say its happening... Let me give you an example..

    No Sale: Bank Wrecks New Houses
    A Texas bank is about done demolishing 16 new and partially built houses acquired in Southern California through foreclosure, figuring it was better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to provide a "safe environment" for neighbors of the abandoned housing tract in Victorville, a high-desert city about 85 miles northeast of Los Angeles, a bank spokesman said.

    Victorville city officials said the bank told them the cost of finishing the development would exceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took over the sprawling housing project, leaving behind graffiti and drug paraphernalia, city officials said. "It's unfortunate," said George Duran, the city's code-enforcement manager. "We would have hoped for these houses to be finished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is located, have fallen 60% from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price in Victorville is $265,990, according to Hanley Wood Market Intelligence, a housing-research firm. Homes in the Victorville development were priced at a range of $280,00 to $350,000 in early 2008, according to Hanley Wood.

    Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in once-booming suburbs. The houses were built by a California developer less than two years ago, according to city records. Guaranty Bank has significant exposure to construction loans to home builders. Last month, its parent company, Guaranty Financial Group, was issued a "cease and desist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound banking practices."

    Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But finding buyers is difficult, as home values remain under pressure. ... read the full story here.. http://online.wsj.com/article/SB124148169574985359.html

    I believe after the correction, 2010 is going to be a better year for deals on homes..



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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.





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  • Legal
    07-10 09:54 AM
    ;)
    Actually this "slavery" terminology is good for us, we can strategically use this to promote legislation like SKIL among anti-immigrationists and Congressmen/ senators.

    ELIMINATING GC BACKLOGS WOULD END THIS SLAVERY....

    LEGAL IMMIGRANTS GETTING GC IN DUE TIME WOULD REDUCE H1 B SLAVERY



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  • file485
    07-08 10:01 PM
    Very insightful.

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

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!





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  • hopefulgc
    07-13 10:06 PM
    abe khajoor log .. kutte ke jaise mat lado.. thanda lo
    (guys, stop fighting like dogs.. chill out)

    why did I write in hindi language...?
    because nobody seems to understand the same thing written in plain old english here.



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  • xyzgc
    12-22 11:35 PM
    Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    Hindus also have a history and we are proud of it.
    Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
    We are proud of the fact that we didn't attack other countries and pillage other lands.





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  • nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.



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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.





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  • nat23
    11-15 06:52 AM
    Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.

    It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.

    Thats an interesting change in his strategy.



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  • masaternyc
    05-13 05:12 PM
    I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....





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  • Canadianindian
    09-30 04:42 PM
    I like Obama's opinion and his enthusiam. I would support him financially and in fact campaign and vote for him.

    However, I am not sure if he understand the plight of Legal immigrants who have suffered for years with no relief in sight. We are law abiding people, but have to suffer tremendously. I am not sure if Obama is aware of our plight.

    I am afraid if Obama wins the election, our chances of getting the GC will diminish as the CIR will not get his support to benefit the EB immigrants.



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  • priti8888
    08-09 06:43 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1





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  • trueguy
    07-13 03:04 AM
    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...


    This is the first time, EB3-I is speaking up. Please don't stop us.

    DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.

    Thanks





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  • ZeroComplexity
    08-05 03:07 PM
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.





    zCool
    04-07 12:45 AM
    I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
    When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!





    seattleGC
    02-21 11:24 AM
    He is such nut job that he is not worth talking about.



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