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  • unitednations
    03-26 05:51 PM
    Does this mean that H1B is also location specific?

    There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

    Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

    However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.




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  • mariner5555
    04-14 04:01 PM
    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that’s a given.

    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing). Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work. some of them had a baby sitter ..who would put the kid in front of the TV all day. some of the kids are/were at home all day with their mother (but no friends) and hence they were lonely. (wife does not know how to drive or only one car) ..some of the luckier ones were the ones who could afford to put them in all day daycare
    (but in this case ..kid hardly knows his parents well). now ofcourse there are some exceptions --where the sub-division of houses have lot of likeminded people / kids of same age and hence the kids have friends.
    in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.




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  • Jerrome
    08-07 04:57 PM
    Menu
    -----
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    --------------
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Dinner
    -----
    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    Wife
    ----
    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."




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  • javadeveloper
    08-02 12:35 PM
    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

    Thanks UN



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  • heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?




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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.



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  • NKR
    08-05 08:37 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?


    Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.

    Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.




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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters



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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..




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  • new_horizon
    12-18 08:33 AM
    i agree that organized religions were created by man, but I am talking about faith. God did not come to create religion but a way to salvation. the main message of the bible is forgiveness, and the sacrifice that God made in order to save mankind. the person the bible portrays is the man who wanted to sacrifice his life for all of us. history proves that to be true. I don't think any king would want to change that message.
    God hates evil, and both God and evil cannot exist together. Man is doomed to eternal death because of sin. but God loved us that none of us should perish, and that's how he gave us a way to escape death (not mortal). that is through the great sacrifice He made for mankind.

    Book of Romans 5:8
    "But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us."



    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.



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  • validIV
    06-05 05:24 PM
    My properties are in Woodside and Kew Gardens both in Queens, NYC. I have been fortunate as NYC is one of the best areas that kept its home value. I am certain this is not the case in 90% of the country but so far in NYC, the housing and renting market have only dropped slightly or remained stagnant in most areas here. In fact, some places are picking up again.

    I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.

    As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.

    As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.

    Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.

    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.




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  • Dhundhun
    08-05 06:43 PM
    Friends

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

    Thanks



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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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  • bondgoli007
    01-06 04:24 PM
    Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD
    WOW!!!

    Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?

    Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"



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  • alterego
    07-13 02:25 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.

    Now point number 2 is a suggestion worth some thought and which might get some traction. I am not sure whether it would require a legislative fix.




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  • Marphad
    01-08 01:47 PM
    Intrestingly the artical also says...

    The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan

    I include Bangladesh in this. So that makes 350 million out of 1.6 billion :). Percentage is high, very high!

    Source: http://www.islamicpopulation.com/world_general.html



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  • Macaca
    05-16 05:51 PM
    Future Tense
    Are the United States and China on a collision course? (http://www.tnr.com/article/world/magazine/87879/united-states-china-diplomacy-taiwan)
    By Aaron Friedberg | The New Republic

    In October 2008, a month after the collapse of Lehman Brothers�with the United States�s financial system seemingly about to buckle and Washington in desperate need of cash to prevent a total economic collapse�a State Department official contacted his Chinese counterpart about China buying U.S. securities. To his surprise, the Chinese, who had previously displayed an insatiable appetite for U.S. Treasury bills, suddenly balked at lending a hand. The reason, the Chinese official said, was the recent announcement of an impending sale of U.S. armaments to Taiwan.

    This not-so-subtle threat, detailed in a memo released by Wikileaks, turned out to be a bluff, but it signaled a striking shift in the tone and content of Chinese foreign policy. Over the course of the past two years, Beijing has adopted a more assertive posture in its dealings with Washington, as well as with many of America�s allies in Asia. Among other things, China has threatened for the first time to impose sanctions on U.S. companies involved in arms sales to Taiwan; intensified its claims to virtually all of the resource-rich South China Sea; and conducted its largest-ever naval exercises in the Western Pacific.

    America�s �China hands� have long attributed any tensions between the two countries to misunderstandings or readily correctable policy errors. But with the passage of time it has become increasingly apparent that the differences between China and the United States spring from deeply rooted sources and aren�t likely to be resolved anytime soon. Indeed, as recent events suggest, it appears that the two nations are in for a long, tense, perhaps even dangerous struggle. And, most disconcerting of all, it�s a struggle in which, at least for the moment, China seems to be gaining the upper hand.


    If you look back over the last 2,500 years�from the days of Athens and Sparta through the cold war�there has inevitably been mistrust, rivalry, and often open conflict between leading global powers and rising states that seek to displace them. In these scenarios, the leading power has wanted to preserve its privileges, while fearing that emerging challengers would seek to overturn the international order that it dominates. Rising powers, for their part, chafe at hierarchies of influence that were put in place when they were relatively weak.

    Much of the tension in today�s U.S.-China relationship is a reflection of this familiar dynamic. But this tension is exacerbated by an additional factor that has only sometimes been present in great power rivalries of the past: deep ideological differences. One often hears it said that, because China is no longer truly a communist country, ideology has ceased to be a factor in its relations with the United States. This misses the point. Today�s Chinese leaders may no longer be anti-capitalist Marxists but they govern as Leninists and, as such, are determined to preserve the Communist Party�s exclusive monopoly on political power. China�s rulers see the United States as intent on spreading its brand of democracy to every corner of the earth. For their part, the American people continue to eye with suspicion a regime they see as repressive and autocratic. Ideology may not be sufficient, in itself, to provoke conflict between the United States and China, but it aggravates and amplifies the geopolitical tensions between the two.

    This backdrop of great power rivalry and sharp ideological disagreement helps to explain U.S. policies toward China and Chinese policies toward the United States. In contrast to the cold war strategy of containment, America�s strategy for dealing with China has never been codified in official documents or given a name. But over the past two decades, roughly the same strategy has been employed by both Republicans (Bush 41 and Bush 43) and Democrats (Clinton and now Obama). Broadly speaking, the aim has been to discourage Beijing from seeking to challenge America�s interests and those of our allies in Asia, while at the same time nudging China toward democracy. To accomplish these ends, American policymakers have employed a dual approach. On the one hand, they have sought extensive economic and diplomatic engagement with China. The hope has been that these interactions will �tame� China by giving it a stake in the existing international order�and, over the long run, encourage the growth of a middle class and the spread of liberal values, thereby pushing the country gently and indirectly down the path toward democracy. At the same time, Washington has worked to preserve a balance of power in East Asia that is favorable to its interests and those of its allies. This began in earnest following the Taiwan Straits crisis of 1995-1996, when Beijing test-fired missiles in an attempt to influence the outcome of Taiwanese elections, and the Clinton administration dispatched two aircraft carriers in response. Since then, the United States has taken steps to strengthen its military capabilities in the region, while solidifying bonds with partners old (South Korea, Japan, Australia) and new (India).

    China�s strategy for dealing with the United States developed somewhat more deliberately. In the wake of Tiananmen Square and the collapse of the Soviet Union, China�s leaders recognized that the previous rationale for cooperation with the United States no longer applied. They feared that, having toppled one communist giant, the Americans would turn their attention to the other. Surveying the scene in 1991, Deng Xiaoping circulated a brief memo to his top party colleagues. The essential message of the so-called �24 Character Strategy� was that China had little choice but to �hide its capabilities and bide its time.� That meant avoiding confrontation with other states, especially the United States, while working to build up all aspects of its power�economic, military, technological, and political.

    Recently, Chinese foreign policy has taken on a more assertive tone; but its overall aims have not changed much in two decades. Above all, the current regime wants to preserve indefinitely the Chinese Communist Party�s grip on political power; it seeks, in effect, to make the world safe for continued CCP rule. In part for this reason, China�s leaders want to restore their country to its place as the preponderant regional power. This requires reducing the influence of the United States in East Asia, constricting its presence, and perhaps eventually extruding it from the region. Chinese officials allude to this objective with varying degrees of subtlety. When I worked in the Bush administration from 2003 to 2005, I had several conversations with Chinese diplomats in which they said, almost in passing, that, while the United States might be a Pacific power, it was, of course, not an Asian power. Rather more bluntly, in 2007, a Chinese admiral reportedly told his American counterpart that their two countries should divide the Pacific between them, with China taking everything west of Hawaii.




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  • rbharol
    04-07 04:37 PM
    Is IV core planning to get in touch with Compete america to find what they
    think about this bill and what is their plan of action?




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  • mariner5555
    04-14 02:39 PM
    Glad to know that you remember me. I don’t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.
    what is your point duuude when you say "Let’s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid “do you like the house?”. He will reply “it’s very nice dad, but can you give you give my childhood now?.”
    do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.




    SunnySurya
    08-05 10:58 AM
    I most definitely do. But all depends who needs the most help and what expense. If you ask me to donate a Kidney if my one my Kidney is already failing, I most likely will not help.
    But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.

    So, you don't believe in helping others.




    willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.



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