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  • alias
    04-08 07:01 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

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  • axp817
    03-26 05:15 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?

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  • ilikekilo
    03-25 03:15 PM
    Do you disagree about Indians?

    Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.

    But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.

    I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.

    IF ICE starts raiding 'illegals' Iam sure Hispanic Caucus wont be happy and the largest minority of people in this country will see to that the incumbent wont win...its not that easy..send all illegals back, legalize all 'hard working" legal folks..Like us everyone looks for their own self interests...

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  • just_wait_for_gc
    08-11 02:52 PM
    toung is made of BS


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  • xyzgc
    12-30 12:42 AM
    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

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  • sanjaymk
    08-05 05:34 PM
    no joke list is complete without little johnny's joke..here is one. This is the only decent one that I found which will not get me into trouble here..

    Little Johnny's teacher asks, "George Washington not only chopped down his father's Cherry tree, but also admitted doing it. Do any of you know why his father didn't punish him?"

    Little Johnny replies, "Because George was the one holding the axe?


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  • nojoke
    01-01 12:23 PM
    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?

    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.

    You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
    The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
    So stop trolling:D

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  • pappu
    01-29 09:45 PM
    Yup. Many want to shut the golden door of opportunity behind them after they enter! Few like to help others by pulling them out of the mess they were once in!

    There are several immigration related websites and many of them are run by people who themselves went through difficult retrogression. Now these websites are making lot of money due to the traffic on their sites. None has helped IV with anything. Not even allowing us to post a banner ad on their site!
    If any such person is reading this note or knows someone who runs a website, do contact me if you wish to help this cause.


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  • sc3
    07-14 12:57 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.

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  • puddonhead
    06-05 04:42 PM
    >> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    You are right in 90% of cases - where people will otherwise spend the money and not save it.

    If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

    However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.


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  • Macaca
    05-01 08:29 AM
    Lobbyists Who Bundle (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001506.html) -- Their fundraising for congressional candidates should be disclosed, Tuesday, May 1, 2007

    THE HOUSE Democratic leadership is to meet this week to determine the content of the lobbying reform package it says is one of its top priorities. The key test of the leadership's seriousness on this issue will be whether the proposal includes a provision to require lobbyists to disclose the bundles of cash they collect for lawmakers' campaigns.

    Such a requirement was contained in the Senate lobbying bill passed in January. The head of the House Democrats' campaign committee, Rep. Chris Van Hollen (Md.), sponsored a similar requirement last year and is pushing it again this time around -- despite the crimp it could put in his ability to raise money for his troops. But other influential House members are said to be balking, worried that merely requiring lobbyists to reveal the bundles could reduce the number and size of such donations.

    This is, of course, precisely why disclosure is essential. The influence that lobbyists wield can't be gauged by looking at their individual contributions. Their power comes in their capacity to deliver a stack of checks to grateful lawmakers. A lawmaker knows how much he or she is indebted to a lobbyist. So, you can be sure, does the lobbyist. The only ones in the dark are the public.

    This provision wouldn't ban bundling, just shine some sunlight on it. It wouldn't apply to all big fundraisers, just ones who make their livings lobbying the legislators for whom they're bringing in the bundles. House Democrats must keep this in mind: They're in power in large part because of the cozy, and in some cases corrupt, relationships their predecessors had with lobbyists. If they want to stay in power, they need to demonstrate that they are willing, finally, to do something about this.

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  • Ramba
    07-14 05:33 PM
    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

    I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.


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  • munnu77
    08-07 04:37 PM
    Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

    The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

    So the mother sent the 8 year old first, in the
    morning, with the older boy to see the preacher in the afternoon.

    The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

    The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

    So the preacher repeated the question in an even sterner tone, "Where is God?!"

    Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

    "Where is God?!"

    The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

    When his older brother found him in the closet, he asked, "What happened?"

    The younger brother, gasping for breath, replied, "We are in BIG trouble this time.


    ("I just LOVE reading next line again and again")









    GOD is missing, and they think we did it!!!!!!!!!!!!!!

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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94


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  • transpass
    03-26 07:01 PM
    Does this mean that H1B is also location specific?

    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...


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  • gc4me
    12-18 02:10 PM
    BTW, who is Antulay? I googled but no clue.

    True. No doubt this needs investigation. But Antulay's intentions were horrible.

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  • zshakyaz
    03-31 10:46 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?

    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about


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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.

    03-26 03:15 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?

    08-07 04:38 PM
    My wife and I were happy for twenty years. Then we met.

    When a man brings his wife flowers for no reason, there's a reason.

    Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.

    In olden times, sacrifices were made at the altar, a practice that still continues.

    Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.

    I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.

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