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  • alisa
    12-30 11:34 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.

    I never suggested they Bombay and Balochistan were morally equivalent.

    At some point in this thread, someone suggested that India should try to destabilize Pakistan by supporting insurgent and militant groups in Pakistan. And I had merely suggested that Pakistan already suspects India of doing that. And that there is probably some truth in it. And Pakistan supports insurgent groups in India.
    Or at least, both countries keep their 'options' open by maintaining contacts with the insurgent in the other countries.
    That is the vicious cycle.

    As far as Bombay is concerned, I have said it before that I believe that that was an attempt to provoke India, so that the Pakistan army can be diverted to the Eastern front, and the Taalibaan/militants get some relief.

    I think the Indian think tanks think that the Pakistan army was behind it. I think that the Taalibaans/Jihadists were behind it. It will be very hard to prove it one way or the other.

    And war would be a disaster; like jumping from the frying pan into the fire. What amazes me is the capacity of the human mind to give in to irrationality, and vigorously advocate jumping from the frying pan into the fire.





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  • araj_98
    05-25 12:45 PM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.





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  • gapala
    06-05 07:12 PM
    Guys... Do not just look at individual rent vs. own comparision, have a bigger picture on the situation that we are in. I am tired of broker's "location..location...location" thing as well.. These things are way off the reality in this country..

    Historically, we all have seen that markets goes up and some times bubbles up, and goes down for a correction, some times south into recession.. .This is quiet natural to happen.. be it housing market or money market. We all know that Housing market needs a correction from those days where prices went up by $20,000 a month for several months without any control driven by easy credit, 0 down and stupid stated income policies.. Sure enough.. market started to correct itself after the credit become tight and lot of folks who jumped on to buy house at the top of peak went under water due to drop in the value of their homes... Here comes the obama housing rescue plan.. what are they trying to do here? trying to maintiain the bubble by encouraging more credit and spending.. working against natural correction of home prices towards south.

    Now lets look at whats happening around us and see if we will have returns on house as an investment.. (For those who are without GC, this becomes important).

    The gross domestic product (GDP) or gross domestic income (GDI) of US, a basic measure of an economy's economic performance, is about $13 Trillion per year as widely reported and boasted. Of that amount, approximately half, or $6.5 Trillion, is directly or indirectly related to government spending on the Federal, State, and Local levels.. :)

    Think about that for a second, about half of US current GDP is government spending? Does it sounds like developing nation? and due to job loss, loss of interest income, strained consumer keeps cutting back..the economy will contract further and eventually the goverment spending will be a major portion.

    US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now :D)

    Due to a struggling economy, primarily driven by consumers credit crunch, lower sales means, less revenue for government and they must borrow more money to keep the government machine spending and the economy rolling despite lower tax revenues.

    It was all good when Consumers and Government borrowed, as long as they could find someone to lend and collectively could spend. During the bubble, banks lent to consumers freely and foreigners lent to Government until banks and foreigners realized we simply borrowed too much slowed lending as it became much more difficult to service the debt. Now banks are not lending to consumers with less than best rating and the government is forcing banks to lend to consumers by loaning banks TAXPAYER money at 1/4% and the banks loan it right back to us at 4.5 yo 5.5% now. How about that? :D:D

    Due to lack of credit for non-government sector, of US economy...private sector is becoming much poorer much faster creating an imbalance in the society. Mathematically private sector going south will continue due to the very high leverage on the Private Side as more and more dwindling dollars are simply allocated to paying interest due to less revenues. With time a greater and greater percentage of a troubled economy will be directly consumed by rising interest payments resulting in less
    government spending which might lead us to an inflation, wages will never keep up with exploding commodity prices. Then only option remains Tax increases on those who earn :)
    Because, Right now a huge portion of government spending is feeding the poor, housing assistance, and providing medical care to the poor and elderly. Once the government bailout dry up, fewer and fewer will be able to borrow, work on and pay taxes in private sector, fewer and fewer will be able to pay taxes and the burden will rest on the shoulders of those that have something to offer...all what they have will not be enough to sustain a $13 Trillion dollar economy.

    With such a scenario, house prices cannot stay up at more than 4 times the desposible income of majority (middle class) population which remains at less than mere USD 30000. You can imagine now, what is going to happen if home prices does not correct itself due to government interfearance.

    Its an individual perspective to decide to buy home.. Do comment and throw out your ideas..

    You can find my analysis of housing market on link below (india vs. US) http://immigrationvoice.org/forum/showthread.php?p=285966#post285966





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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






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  • hiralal
    06-23 11:30 PM
    good point by suavesundeep...the problem for many desis / Immigrants is that they fall prey to all the marketing gimmicks and tricks by realtors (for e.g ..renting is throwing money away ..in reality it is not because of the flexibility esp for those on visa and the fact that you get a place to live at affordable price ..plus you can invest the remainder and get higher returns )..also, many lose sight of the fact that land is precious and pricey in India and the reason for that is the huge demand from young population and relative boom in economy ..while in US, supply is HUGE and demand is low ..here is an example ..people (and mostly desis) in Atlanta keep on saying that Atlanta is not affected, the prices never increased much, no bubble etc ..but see this small report and you will understand that supply is huge. 40 years supply !!!
    -----------
    ATLANTA -- A one-mile stretch of Atlanta's upscale Buckhead neighborhood shows why commercial real estate is emerging as an obstacle to pulling the U.S. economy out of recession.

    Separate developers in Buckhead are building four speculative office buildings at the same time with virtually no leasing activity. The 35 recent condominium projects will help give Atlanta a 40-year supply at the current sales pace. A $600 million outdoor shopping mall under way has suspended construction to save money.

    The glut threatens to worsen the clobbering that many U.S. banks already are getting from nonperforming loans made to owners and developers





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  • chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.



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  • gcisadawg
    12-22 03:29 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.

    More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.





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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.



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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance





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  • Macaca
    12-30 07:15 PM
    Binayak Sen: India's war on a man of peace
    A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian

    More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.

    Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."

    The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.

    As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.

    Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.

    Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.

    But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.

    Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.

    The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?



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  • GC_Applicant
    04-09 01:05 AM
    Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.





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  • JunRN
    06-06 09:31 PM
    I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.

    The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.



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  • hiralal
    06-23 11:30 PM
    good point by suavesundeep...the problem for many desis / Immigrants is that they fall prey to all the marketing gimmicks and tricks by realtors (for e.g ..renting is throwing money away ..in reality it is not because of the flexibility esp for those on visa and the fact that you get a place to live at affordable price ..plus you can invest the remainder and get higher returns )..also, many lose sight of the fact that land is precious and pricey in India and the reason for that is the huge demand from young population and relative boom in economy ..while in US, supply is HUGE and demand is low ..here is an example ..people (and mostly desis) in Atlanta keep on saying that Atlanta is not affected, the prices never increased much, no bubble etc ..but see this small report and you will understand that supply is huge. 40 years supply !!!
    -----------
    ATLANTA -- A one-mile stretch of Atlanta's upscale Buckhead neighborhood shows why commercial real estate is emerging as an obstacle to pulling the U.S. economy out of recession.

    Separate developers in Buckhead are building four speculative office buildings at the same time with virtually no leasing activity. The 35 recent condominium projects will help give Atlanta a 40-year supply at the current sales pace. A $600 million outdoor shopping mall under way has suspended construction to save money.

    The glut threatens to worsen the clobbering that many U.S. banks already are getting from nonperforming loans made to owners and developers





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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.



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  • minimalist
    08-06 11:46 AM
    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.

    Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.

    Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
    EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
    So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
    Don't try to spread such inferiority complex.





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  • punjabi77
    12-18 11:04 AM
    I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
    his initial verbage was not good.. but what he asked later was completely justified..
    All the people in the van, in which Karkare was killed, died except one Hawaldar..
    And all the top cops in the same van at the same time, somethings needs to be justified..



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  • pitha
    10-03 03:55 PM
    To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question

    Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.

    I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.


    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.





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  • raysaikat
    07-13 11:23 AM
    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

    No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.

    The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.





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  • sledge_hammer
    06-05 12:52 PM
    First off, a house is really both an investment and a home. I would disagree with anyone that says it is one and not the other.

    When you look at a house as an investment, one has to realize that there is a certain risk involved. So unless you are ready to lose some money if you made a bad decision, you should not invest. The most important thing to remember is that "investing" is never a bad decision. But investing w/o analyzing the risk involved is definitely bad. At the cost of sounding like any financial advisor, diversification is the key. Don't put all your eggs in one basket.

    1. You do not want to buy a house because the real estate market may collapse.
    2. You do not want to invest in stocks because the stock market could go down.
    3. You do not want to buy gold because their track record for long term returns is a joke.
    4. You do not want to park your money in a savings account because the interest doesn't even beat inflation.

    Then what is an average investor to do?

    The answer is "diversify" to minimize risk. Each of the above is a solid investment if you know how to play it. We need to invest in house, gold, stocks, bonds, savings account, etc, and be prepared to take a the risk of losing some money in any one.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!

    LOL.
    :D:D:D:D:D:D





    boreal
    09-27 12:31 PM
    Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...

    Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)

    Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..

    Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)





    krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

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

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

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

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

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

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

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris



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