вторник, 28 июня 2011 г.

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  • wellwishergc
    07-11 12:12 PM
    This is a very good question that even I had - Does using AC21 to change jobs lead to more scrutiny? Please advise!

    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?




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  • raj2007
    04-07 11:39 PM
    Desis who come here are all engineers and well educated. I couldn't believe that some of them are falling for the realtor tricks. I know someone who last year paid 200K more on an advertised price of 1million. He said the realtor told him that there was bidding war and he kept rising it and eventually got the house for 1.2million. What stupidity. Doesn't he know about phantom bids that realtors use to jack up the price.:( This is last year end when housing here started crashing. I asked him how he is going to pay when his arm resets. He says he will refinance. God save him.

    They are well educated but not street smart. Realtors are same everywhere and they know, how to misguide.




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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..




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  • alisa
    01-04 05:35 PM
    No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again.
    Then you would probably be right, that this is the active policy of Pakistan, and I would probably be wrong, that these are non-state actors that are the remnants of the past.



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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.




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  • unitednations
    03-25 12:41 PM
    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."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • mariner5555
    04-17 03:16 PM
    just in case people are wondering why the future of housing will continue to be bad ..here is the article.
    http://blogs.marketwatch.com/greenberg/2008/04/mortgage-resets-the-fun-has-just-begun/?mod=MWBlog
    ------
    �When they start talking about mortgage RESETS,� emailed Paul Jaber, a portfolio manager at the Perpetual Value Fund, �can you correct them and tell them the problem is RECASTS? They surely don�t know the difference��

    Paul continued:

    See, if you took out an option pay ARM loan in 2005 and bought a few properties like the hotshot 24-year old Southern California real estate mogul � on average you would be able to make 40 months of BELOW interest rate mortgage payments (I use the word payment loosely).

    After about 40 months your 2% b.s. payment would make the loan grow to about 115% of the original amount and then � WHAMMO � your loan would recast to a 27-year fully amortizing mortgage. Your payments would go from $1,000 a month to over $3,000 and you would be walking around wondering, like �What is happening?� A good analogy is the three-year no-payment, no-interest Circuit City TV loan. The catch is that in month 37 you owe ALL back interest � usually about double the original charge.

    The guys talking about resets are trying to confuse the situation. The option arm loan was very popular through 1Q07 - so take 40 months from that date, plus 3 months for them to go 90 days late and then and only will you see foreclosures start to level off.

    To further drive home the point, Paul adds:

    The reason why CFC, WM, WB, DSL and FED are all imploding is because the 2003 - 2004 pay option arm loans are all recasting and then going 90 days late. But all you need to know is pay option arm loans have a teaser payment that will last until the loan goes 110%-125% of original value and then the loan RECASTS to a fully amortizing loan. That is how a payment skyrockets - its simple math. Whereas payments can�t realistically double or triple with a simple ARM reset, most are capped every year - again the math is pretty simple.

    The resets do indeed peak in the middle of this year and then taper off. It�s also true that the Fed cuts mean that the reset leads to no increase in monthly payments for about 20% of borrowers and for less than $100/month for another 20%, based on an article I read in the WSJ a few days ago. But:

    1) That means for 60% of homeowners, the reset will more more than $100/month � for some, a lot more.

    2) Mortgages with teaser rates written from Q1 05 - Q2 07 are defaulting at catastrophically high rates before the reset � a whole lotta people can�t even pay the teaser rates!

    3) Bulls are missing the lag effects. It takes an average of 15 months from the date of the first missed payment to sale of the house, so the fact that resets are tapering off by the end of this year means the wave of foreclosures and home auctions the resets trigger won�t hit until mid to late 2009 into 2010.




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  • edd
    07-14 11:57 PM
    I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.

    What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's

    Someone mentioned FOIA. Can you please share the link on how to apply for the same



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  • ThinkTwice
    09-26 02:32 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.


    Good Companies provide private insurace. Both we and my wife have offers from companies in London and have Private Insurance in our Benefits package.




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  • qasleuth
    03-31 07:44 PM
    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

    Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.



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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.


    ______________________________
    Not a legal advice.




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  • Michael chertoff
    12-19 11:15 AM
    Moderator/Admin/Pappoo,

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.

    MC



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  • satishku_2000
    05-16 07:08 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...




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  • lfwf
    08-06 03:38 PM
    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.

    You repeatedly insist on looking at things that way. No one is from heaven and no one is precluding Bs+5 from applying for EB2. They should, why not?
    The question is only: Is it fair for them to get that entire 5 years in their PD as a jump on those who filed EB2 after an advanced degree. That's it. Nothing more or less than that. Please don't read needless nonsense into this. I have no interest in inferior, superior, holier, more genuine etc.
    Nor am i bashing experience and all that. the question simply whether the advantage for going from EB3 to Eb2 should be magnified by allowing the old PD to be ported with it. This kind of situation puts people like me (7 years of education! multiple degrees...) at a serious disadvantage. We would potentially have to wait for every single EB3 that came to the US >5 years ago (even well after we came) to get their GC before ever standing a chance.
    Because they would all be BS+5....and we can't match their PDs. And we have waited as long or more.



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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.




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  • puddonhead
    06-05 12:42 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.



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  • gapala
    12-18 01:00 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    How is that they are justified killing innocent public who is not even aware or connected to any of the problems that you have mentioned in your post?

    This is that age old argument and justification for terrorism... Oppressed/suppressed etc... we heard it enough. There is no place on planet earth where muslims enjoy freedom like in India. Reservation in premier education institutions/jobs. subsidized loans for housing etc. They are the only group who even have government (tax payers) funded flights to Macca every year. Still they resort to killing innocent public who are no way connected to the problems that you mentioned in the post. They are not even aware of these problems. (Wrong but easy targets).

    How could you justify these crazy folks?

    They intimidate people everywhere Asia/Europe and revolt against the civic society and institutions, reject the constitution demanding to allow them to follow Sharia and not the constitution. They forget that they are in that country by their own free CHOICE. They are not forced to stay there right?. They were from places where sharia is followed, they moved, due to what ever reason to civic societies and now they would NOT follow the constitution, where is the oppression here? Its their choice. They just create mental barrier for themself in the name of perverted belief system and reject civic society to look different. Its rediculous.

    Again not all the folks in that group support them, but the irony is that folks who are in at the peak of that group have this perverted belief and straight forward folks / good folks keeps mum. Due to fear?




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  • akgind
    08-05 04:01 PM
    "...We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more."

    Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.

    Rollong_Flood, you are misleading the entire IV community.




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  • tanu_75
    07-28 03:09 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.




    like_watching_paint_dry
    08-11 11:47 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence

    also send it to a competitor network and to a show which competes with Dobbs.




    diptam
    08-06 11:53 AM
    Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

    If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.

    My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.

    Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.



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