The Message From Music Blogs

India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.

We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??

Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

If you want to blame someone for Palestine plight today, blame these two actors.

1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

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.

I know it may be for the greater good to see Prez Obama in the white house.
However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
As much as I would love to be part of this American experiment, I have to think of stability.
Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.

If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.

We are mixing too many different aspects of home buying and creating confusion.

We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.

The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.

That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.

my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

This forum is for immigration related discussion. Discuss other matters in yahoo answers or any other similiar forum.:mad::mad:

I hope so.

I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.

I disagree, this is not the hostile relationship between two countries, we see this as one country and the international community applying pressure on Pakistan. Without this pressure, there is no way Pakistan will gather the "motivation" to dismantle the terror network. The terror network will get dismantled only if there are two choices, either Pakistan dismantles the terror network or we will dismantle it for Pakistan. Without a direct approach, nothing will change.

On a different note, there is only one outcome of over analysis by computer analyst or business application analyst, and that outcome is -war is too "expensive". What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years by your "over analytical" computer analyst Mircosoft projects approach calculating the "cost of the war". What if it is your father who is targated by the terrorist next, I want to know who all will still run the profit and loss statement if your father is killed by the next strike by the terrorist. Will you only agree to a war when your own family member is killed? Don't you think its time to put the bleeding innocent people ahead of this "over analysis".

We are peace loving people. But should we not respond to the war we did not start. We are not the aggressor, we are the victim here for christ sake.

Wars are decided by brave men, wars are faught by warriors, and wars are won by patriots. Over analysis at the time of war is a sign of weakness - message of Gita. I hope we agree that War is not like a lala shop to prepare a profit & loss statement before making a decision. We did not start this war, it is being forced on us. The question is - should we respond to the war that is forced on us, the war we did not start, but the war which we have the strength to end.


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Taken to School (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.

Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.

Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.

haha haha..man, cant let this thread disappear!
bump bump!

Stating the obvious: Your attorney was a knucklehead?

USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

Are you still on H-1b?

If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.

Thanks UN, I am not in that situation, I was just trying to clarify because I see so many ambiguous explanations related to work location. And By the way, I am on EAD.

This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.

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

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

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

Just my observation.

It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........

There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..

The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.

Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack



Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

This shows nature,when own kind dont respect others neither will outsider.

Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.

What made them to ask paystub for during 2000 and 2001?

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

There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available

I agree completely with mbdriver. It is unfortunate that very qualified candidates who are really smart and have job offers from Fortune 500 companies are unable to get H1B visas (I have seen a couple of such cases in my company) because Indian consultancy companies are applying for H1B visas in bulk some of which they are not even using. This abuse of the system has to stop, I know of scores of people, even people from grad schools in US who have applied for H1B through consultants even though they do not have any genuine job. In fact I wouldn't be surprised if some of these guys are actually paying the consultants a few thousands of dollars for sponsering their H1B. Kudos to Congress for trying to fix this problem and trying to get to the root of this problem rather than arbitarily increasing or shutting down H1B. I hope they do take actions to close these loopholes.


What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.

I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.

I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.

mbdriver

For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

Internal security needs great improvements but even there our administration is not taking many active steps.

Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
China has surpassed everyone, India has created a place but Pakis are far behind.
But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.

A full fledged war between India and Pakistan is very very unlikely.

That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

Thanks for the link. Essentially there are 2 issues here

1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.