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  • a_paradkar
    08-05 10:19 AM
    Nice one





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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.





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  • GCScrewed
    07-13 09:27 PM
    I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.

    And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.

    Between an MBA and Pharmacist, of course the pharmacist is more valuable. So is a nurse.





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  • nojoke
    04-14 01:14 PM
    People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!

    These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?



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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • DSJ
    05-16 12:08 PM
    This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.



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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!





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  • Macaca
    12-28 07:12 PM
    Blending the Rules as We Go Along (http://www.nytimes.com/2010/12/28/world/asia/28iht-currents28.html) By ANAND GIRIDHARADAS | New York Times

    I wanted it to be right after breakfast when I asked Priya to marry me. The other elements were still forming, but that one felt important: a proposal to know together a thousand moments as simple and whole as this moment on a quiet Sunday morning.

    I gave a prologue, then asked. She cried, then answered. A ring was worn. And, in less time than it takes to mow a lawn, we had rewritten our fates � our fate � forever. Done deal.

    Or so we thought.

    In the coming days, we were reminded of what it means to belong to a tribe of people that straddles multiple cultures and multiple degrees of technological involvement � and, as a consequence, holds a rich variety of opinions about an engagement. We received an education in the nuances of doing a very old thing in these new globalized, digitized times.

    The first hint of engagement Babel came in a phone call to Priya�s grandparents in New Delhi, minutes after the proposal. Joy filled their voices when they heard our news; blessings poured forth, punctuated by the colonial remnant �all the best, all the best.�

    Her Nana, though, could not let the conversation end without asking a question:

    �But, Priya, how exactly does one get engaged?�

    The bride-to-be said something about a question being asked and a ring being given, and that was that. What we didn�t appreciate then was that, in India, it doesn�t count as an engagement when two impressionable young people make a decision all by themselves.

    Calling India to say that you have gotten engaged, but without any family present, without any rites having occurred, is like claiming to have clapped with one hand.

    Thanksgiving time soon came, and the two of us went to Washington, where our six parents live. Two celebrations of our engagement were planned: a dinner at Priya�s mother and stepfather�s home, the other a tea at my parents� place.

    Our new family traces its roots to cow worshipers in Benares and cow slaughterers in South Dakota, to Chennai in south India, to a piece of the Punjab that is now in Pakistan, to Iowa, to New Jersey and to a hamlet called Blaxall in Britain. We count among us those who worship the multitudinous Hindu deities, the lone Christian one and no divinity at all. We are speakers of English, Hindi, Punjabi, Tamil, French and Spanish. Many of us bear the passport of a country in which we were not born.

    All of which is wonderful until you have to choose an engagement ritual.

    After some debate and soul-searching, we decided to invent our own rites. We lit candles. We held hands. We told stories. We traded gifts. We laughed. We ate.

    But, back in India, there was still some confusion. Priya�s grandparents, 10 and a half time zones ahead of us, were aching to hear our voices on the night of that first Washington celebration. My grandparents phoned several times during the tea at my parents� home four days later. The way they saw it, this was the engagement � this coming together of families at the home of a certified adult. The earlier thing, as they saw it, was more like a sweet gesture.

    So, two weeks after we got engaged by our own definition, my grandparents congratulated me for getting engaged. Priya�s Indian cousins BlackBerry-messaged her they were delighted to be able, at long last, to congratulate her � now that it was �official.� Other relatives wrote seeking pictures of our �engagement ceremony.� We tried to explain that we hadn�t had one. But in this definitional spat, we were clearly outnumbered.

    When, today, is an engagement valid in the eyes of the world? Is it, according to the Western contractual idea, when two people declare their commitment to each other in private? Or when love mingles with economics in the giving of a ring, the first step in a gradual entangling of fortunes? Is it when two families gather and drink and toast? Or when a certain traditional ritual is done � or, in our case, a new ritual?

    Or is it when you change your Facebook relationship status?

    We had been so consumed with family, and with the intricacies of the Indian and American rules of engagement, that we ignored our virtual tribe. We had called some friends on the phone immediately after it happened, and e-mailed some others. But then the celebrations of the nonvirtual world took off, and we were absorbed into that love and tumult, and our engagement went unrecorded by the digital sphere.

    Just when we thought we had satisfied every possible definition of engagement, marking it in ways suitable to ourselves, our parents and our extended clans, Priya�s stepsister brought up Facebook. Why hadn�t we updated our relationship status to proclaim the engagement? It was peculiar, this omission: The absence of a Facebook update could be read as the presence of something amiss. What were we trying to hide?

    Relationship statuses, like ideas, have derived their authority from different sources over the millenniums: A relationship could be valid if properly certified by the ancient rituals; or valid if faithful to the words of the holy texts; or valid if codified in a contract recognized by the correct governmental agency; and now, in 2010, valid if etched into one�s �Info� tab on Facebook.

    We promptly made things right. As it turns out, we were Facebook-engaged around the time that the site�s creator, Mark Zuckerberg, was named Time magazine�s Person of the Year. We made it �official� for the third time, our union ordained by this new minister of the universe.

    At last, the engagement is properly established before our American, Indian and virtual tribes � and, now, before the readers of this newspaper. The wedding looms, and with it another inevitable contest of definitions.

    I can already hear the question forming: �But how exactly does one get married?�



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  • satishku_2000
    05-16 12:09 AM
    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

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .





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  • Macaca
    02-01 08:17 PM
    House Democrats Trim Agenda (http://www.washingtonpost.com/wp-dyn/content/article/2008/01/31/AR2008013103857.html) Realities of a Slim Majority and Poor Economy Curb Their Ambition By Ben Pershing | washingtonpost.com, Feb 1

    WILLIAMSBURG, Jan. 31 -- A year ago, newly empowered House Democrats gathered here at the Kingsmill Resort for their annual retreat brimming with confidence. Before them was an ambitious legislative agenda and a determination to end or curtail the U.S. troop presence in Iraq.

    This time around, the hotel and golf courses are the same, but the song is markedly different. Gone is the talk of forcing President Bush to end the war, as is the impetus to pass a comprehensive immigration package and to stick to strict budget rules. Instead, Democrats are thinking smaller, much smaller.

    They hope to leave today with the beginnings of a scaled-down plan to pass a handful of bills in the House -- even if they cannot get through the Senate -- and build a case for November that Democrats have been productive enough to warrant at least another two years in the majority.

    "The agenda is, to some degree, a completion of the agenda that we started last year, as is usually the case in the second year of the Congress," said House Majority Leader Steny H. Hoyer (D-Md.).

    Presidential election years are traditionally slow on the legislative front, and Democrats have a narrow majority in the Senate. Even in the House, the 290 votes the majority needs to overcome any Bush veto usually are not there.

    Democrats may take their cue from the modest proposals in Bush's State of the Union address this week, which Hoyer called "thin."

    But that does not mean the party's to-do list is blank.

    Democrats need to pass a budget. They want to pass another energy bill. They would like to pump money into the Highway Trust Fund for road projects. They may reauthorize the No Child Left Behind education law. They have to push through appropriations bills.

    Democrats also have not given up on Iraq, though they do appear to be moving away from their so-far-unsuccessful strategy of tying troop withdrawal language to money for the war. Based on the comments of leaders here, any Iraq timeline language that moves this year will probably move separately from funding bills.

    And while Iraq was a huge topic of discussion at the 2007 retreat, the economy is the theme this time around. "That's what this conference is about, a four-letter word: J-O-B-S," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).

    The House is waiting to see what the Senate does with the stimulus plan it passed this week, and a second package could be on the way soon.

    Of the House-passed stimulus bill, Hoyer said, "Our effort was not the perfect, but it was the possible, and that's what we're going to be focused on."

    The same could be said of the party's broader agenda.

    Technically, Democrats do not call this gathering a "retreat." It is an "issues conference." But the mood is not entirely serious.

    Emanuel loosened up the crowd at Wednesday night's dinner by showing a popular YouTube video -- "My kids found it," he explained -- of a teenage boy sitting in his room lip-synching a Will Ferrell impersonation of Bush. The assembled lawmakers roared along with the video.

    The attire is also decidedly casual. Some members are strolling around in jeans; others have gone for the menswear-ad blazer-and-khakis combination. A colorful array of sweaters has been on display; House Majority Whip James E. Clyburn (D-S.C.) met with reporters wearing a blue pullover emblazoned with "South Carolina. Smiling Faces. Beautiful Places."

    While Kingsmill offers a wide variety of spa treatments and "wellness" services, members here have a full schedule of panel sessions on weighty policy topics. They heard governors talk about state budgets and chief executives address the environment and infrastructure. A speech by Federal Reserve Chairman Ben S. Bernanke is the main event Friday.

    Clyburn, an avid golfer, lamented that he has been coming to Kingsmill for a decade for official functions but has never had the chance to hit the links -- often because of bad weather -- despite the presence here of four separate courses designed by such golf luminaries as Arnold Palmer and Curtis Strange.

    But Clyburn said he is determined to get out on the greens today. Right after that Bernanke speech.



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  • gc_aspirant_prasad
    09-26 02:52 PM
    Whats even worse is that our son who is a US citizen will grow up in some other nation.
    Well.. time to move on.

    For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
    For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).





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  • setpit_gc
    08-06 11:36 AM
    Rolling Flood,

    Please go ahead file your law suit. Why are you wasting your time here?.
    Come back and say that it has been filed.



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  • javadeveloper
    07-19 07:33 PM
    Hello unitednations,

    Can you please comment on my case , pls look at post#140 or http://immigrationvoice.org/forum/showpost.php?p=124370&postcount=140

    I appreciate your help.





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  • ameryki
    03-23 08:59 PM
    go for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps



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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.


    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.





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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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  • unitednations
    07-08 10:41 AM
    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.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.





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  • Macaca
    05-09 05:49 PM
    Long-Prized Tech Visas Lose Cachet (http://online.wsj.com/article/SB10001424052748704810504576307342275841586.html) By MIRIAM JORDAN | Wall Street Journal

    A visa program designed to supply skilled foreign workers to companies in the U.S. has slowed sharply, attracting about 50% fewer petitions so far this year than last year, and 80% fewer than in 2009.

    Several factors have contributed to the decline in H-1B visas, including the lackluster pace of the U.S. recovery, more opportunities for skilled workers in their home nations and higher visa fees, which appear to have spurred Indian companies operating in the U.S. to seek fewer visas. Attacks on the program by congressional foes of U.S. immigration policies have also cast a shadow over it.

    U.S. Citizenship and Immigration Services told The Wall Street Journal this week that it received about 8,000 H-1B petitions from businesses in April, the first month the agency accepts them for the fiscal year beginning Oct. 1. That compares with 16,500 petitions in April 2010 and about 45,000 in April 2009, according to USCIS.

    "It's baffling that H-1Bs aren't picking up if the economy is stronger," said Steve Miller, a Seattle attorney who prepares petitions for employers in high tech, retail and other sectors.

    For years, the H-1B program was a mainstay for software companies, architecture firms and other businesses that seek foreign nationals to fill certain jobs. Demand for the visas by companies outstripped supply, and companies such as Microsoft Corp. lobbied the U.S. government to raise the cap on the number of visas.

    In 2008, employers snapped up all 65,000 visas allotted on the first day, April 1. But starting in 2009, after the financial crisis hit, the flow of applications has steadily diminished.

    The program, which enables foreigners to work in the U.S. for three to six years, was created as part of the Immigration and Nationality Act of 1990 to help U.S. companies overcome a shortage of workers in specialty occupations, such as computer programming. Recently, the program has been attacked by lawmakers who say it displaces American workers and depresses wages.

    Supporters and opponents made their cases at a congressional hearing held March 31, the day before the federal government began accepting H-1B applications.

    At the House Subcommittee on Immigration, a critic of the program, Ronil Hira, highlighted that Indian companies operating in the U.S., such as Infosys, Tata and Wipro, are among the biggest H-1B users, and that they're bringing in foreigners with ordinary skills.

    In an interview, Mr. Hira, a professor of public policy at Rochester Institute of Technology, said that "because of loopholes, employers can bring in cheaper foreign workers to substitute for American workers and undercut their wages."

    His research indicates only about a third of all H-1B visa holders are "really highly skilled or graduates of U.S. universities who would be eventually sponsored for green cards," or permanent U.S. residency, by their employers. Employers have said that the program enables them to tap top talent, whom they seek to hire permanently down the road.

    Supporters of the program, including high-tech firms and industry groups, say it attracts foreign talent that spawns innovation and creates jobs in the U.S. They cite former H-1B holders such as Vinod Khosla, co-founder of Sun Microsystems, and Vinod Dham, an engineer behind Intel Corp.'s Pentium chip, as proof of its value.

    Vivek Wadhwa, a visiting scholar at the University of California at Berkeley who studies immigrant entrepreneurs, said that an anti-immigrant climate had made it "a liability to hire H-1Bs," and that this will gradually chip away at U.S. global competitiveness, because the country has a dearth of homegrown engineers and scientists.

    Moreover, Mr. Wadhwa said that foreign nationals who obtain U.S. degrees were more likely than ever to return home. "Ten to 15 years ago, by default, you'd want to be in America, because you had more opportunities. Now, you can do much, much better at home," he said.

    In a survey of more than 250 Indian and Chinese entrepreneurs published last month, Mr. Wadhwa and co-researcher AnnaLee Saxenian, also of Berkeley, found that the majority of those who returned to their native countries believed they were faring better overall than they would have in the U.S.

    Nutan Kunduri, a software engineer who stayed in the U.S. on an H-1B visa after completing her studies, said she decided to accept a job offer in India less than a year into working in Silicon Valley.

    "Ten years back, I had this 'nothing will change in our country' attitude," she said. A recent visit to India made her realize that "for an IT professional like me, India is the place to be, with its booming tech industry."

    Abhinav Tripati, a software engineer with a U.S. company in Boston, also plans to return to India, where salaries are slightly lower but the cost of living is significantly cheaper. "I see my friends back home enjoying most of the comforts of Western life," he said, with the added bonus of being close to friends and aging parents. "We can't often bring our parents to the U.S., as it's getting difficult to obtain visas for them," he said.

    Some immigration attorneys believe companies are taking their time to file H-1B petitions because the 65,000 quota is unlikely to be exhausted soon. The cost and bureaucracy of applying is another deterrent. Last year, Congress passed a law that adds an additional fee of $2,000 for certain H-1B petitions that had cost $325. All told, lawyers' fees, filing fees and other expenses can reach $9,000 a applicant.

    "HR people are aware there's no rush on H-1Bs," said Julie Pearl, an immigration lawyer in San Francisco.





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  • Beemar
    12-27 01:19 PM
    LOL. and we know the kinda quality to expect :-)

    Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)





    Canadianindian
    09-30 04:42 PM
    I like Obama's opinion and his enthusiam. I would support him financially and in fact campaign and vote for him.

    However, I am not sure if he understand the plight of Legal immigrants who have suffered for years with no relief in sight. We are law abiding people, but have to suffer tremendously. I am not sure if Obama is aware of our plight.

    I am afraid if Obama wins the election, our chances of getting the GC will diminish as the CIR will not get his support to benefit the EB immigrants.





    VivekAhuja
    06-23 12:23 PM
    If you are buying a house as an investment ONLY, then do NOT buy a house on this planet (not just USA). If you are sensible enough, buy a house to LIVE IN. Buy something you like, not something just to sell and make money.
    If you begin to think like this, you will come to a simple conclusion - if my family & I like a particular house in a particular neighbourhood and I can afford it, I will buy it NOW!!

    Everything else you hear in the media and on IV is hogwash - ignore it!!



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