Tuesday 12 July 2011

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  • unitednations
    07-09 11:06 AM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.

    This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.

    In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.


    In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.





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  • go2roomshare
    04-07 07:04 PM
    I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??





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  • Refugee_New
    01-07 02:40 PM
    All Muslims are NOT terrorists, but all terrorists ARE muslims.

    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?





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  • gc28262
    06-07 02:58 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.



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  • kc_p21
    12-26 12:58 PM
    I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

    Thanks,





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  • Macaca
    05-09 05:44 PM
    Still, Sometimes, a Great Nation (http://www.nytimes.com/2011/05/07/us/07iht-currents07.html) By ANAND GIRIDHARADAS | New York Times

    The commando who shot Osama bin Laden just above the left of his doe eyes could forever remain a ghost to Americans. His name may never be revealed; his tell-all may never be written; he, unlike other American eminences, may never be featured on �Celebrity Apprentice.�

    But this ghost is a hero to a nation in need of a little stimulant. For many Americans this week, it was at once grisly and lovely to receive a reminder, courtesy of a revenge killing, that American vigor still has its moments.

    These have been tough years for American power: years of a sick economy that cannot easily be healed; of wars that cannot, tactically or definitionally, be �won�; of new powers that have risen under the shelter of the Pax Americana and now will not be told what to do. Great numbers of Americans now fear that their children will not lead lives as bounteous and carefree as theirs.

    And then there they were: dropping from their ladders, clearing and holding corridors, shooting to kill, escaping before anyone could interfere. The unseen scene resonated so well, perhaps, because Americans have been trained to know what it looked like. This, at least as the White House narrated it, was a standard-issue action movie midnight raid.

    A raid of this dramatic kind is one of those things at which America remains unrivaled, in cinema and in real life. And so it was a moment to relive a feeling of unmitigated American supremacy. In this domain at least, there is no country like America on earth.

    The trouble with the killing of Bin Laden, though, is that the triumph is an island. Victory in Abbottabad does not foreshadow greater victories in Iraq or Afghanistan, or over terrorism in general. As in so many areas of American life today, the country can do spellbinding things no other one can do, but it often struggles to perform the more prosaic feats on which its long-term fate may more heavily depend.

    Consider the realm of technology, in which America, once again, has the finest elite commandos: Google, Facebook, Twitter, Netflix, Apple, Pandora. Time and again, when breakthrough technologies come, they come from America. What is the chance of a Chinese search engine displacing Google, or a game-changing device like the iPhone sprouting in France?

    And yet America does not lead the world technologically in the more prosaic ways. It does not have the best or most cost-efficient mobile phone networks. The average American Internet hookup is two and a half times slower than that in South Korea. The country lacks adequate retraining programs to move people from waning professions like telemarketer and sewing machine operator into new roles in the technology sector.

    It is the same with education. America is home to the greatest concentration of research universities in the world, with the best laboratories and faculties as well as, arguably, the top students. More Nobel laureates inhabit certain American campuses than live in certain moderately sized countries.

    But beyond the elite corridors of American education, it is a different story. Last year, the results of the standardized Program for International Student Assessments, given to 15-year-olds worldwide, found the United States behind 16 other countries in reading and 22 in science. In response, the American education secretary, Arne Duncan, spoke of �the brutal truth that we�re being out-educated.� And that was before the recent round of budget cuts and teacher layoffs across the country, which might well make it even harder for America to be middling in the world.

    And so it is in health care, where America has, at one end, the Mayo Clinic and the Cleveland Clinic and Massachusetts General Hospital, which the richest patients in the world still choose over most alternatives; and, at the other end, tens of millions of uninsured people, a condition that is all but unique in the industrialized world.

    So it is with immigration, where the United States continues to attract the brightest immigrants in the world, while failing year after year to resolve the massive and messy question of illegal immigration. So it is with banking, in which the United States is the leader in employing complex transactions like credit-default swaps, but has struggled with the more basic task of pairing businesses with loans.

    The commandos of Abbottabad are, then, like the commandos in any number of American fields � elite troopers who play at the highest levels in the world, but whose successes are wholly their own, not easily replicated beyond their little world.

    This duality of the world-beating Americans and the world-trailing ones perhaps suggests an emerging reality of U.S. life after globalization: It may be that America the country can remain vitally competitive, even as vast numbers of Americans � perhaps a majority � have a lower quality of life than prevails elsewhere. As with the U.S. Navy Seals in Pakistan, so dynamic is America�s elite that its dynamism can offset the lagging behind of others. If a country gains a $20-million-a-year hedge fund job and loses 400 $50,000-a-year industrial ones, after all, its national income figure stays the same.

    But there is the problem of the 400 people � and of the 40,000 and the 40 million. There is a sense in many corners of America of there no longer being space for the ordinary, a sense of the collapse of the middle. Parents find themselves wondering how hard to push their children in this dawning age: wondering how clever and focused and dogged they will have to be to remain ahead of the world rather than chase behind it.


    Memo to India, China: The U.S. Still Matters (http://blogs.wsj.com/indiarealtime/2011/05/09/economics-journal-memo-to-india-china-the-u-s-still-matters/) By Rupa Subramanya Dehejia | IndiaRealTime
    Free trade agreements don�t kill jobs (http://dailycaller.com/2011/05/04/trade-agreements-dont-kill-jobs/) By Ryan Young | The Daily Caller
    If You Have the Answers, Tell Me (http://www.nytimes.com/2011/05/08/business/economy/08view.html) By N. GREGORY MANKIW | New York Times
    Woman of the World (http://www.vanityfair.com/politics/features/2011/06/hillary-clinton-201106) By Jonathan Alter | Vanity Fair
    What�s a college education worth?
    Engineering and accounting degrees may provide most opportunity (http://www.marketwatch.com/story/whats-a-college-education-worth-2011-05-03)
    By Jennifer Openshaw | MarketWatch
    The Best Cities For Jobs (http://blogs.forbes.com/joelkotkin/2011/05/02/the-best-cities-for-jobs/) By Joel Kotkin | New Geographer
    Firms Feel 'Say on Pay' Effect (http://online.wsj.com/article/SB10001424052748704473104576293140070753066.html) By JOANN S. LUBLIN | Wall Street Journal
    As Labor Costs Rise, Spotlight Is on Benefits (http://online.wsj.com/article/SB10001424052748704473104576293583385838072.html) By JOE LIGHT | Wall Street Journal



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  • ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.





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  • pani_6
    07-13 08:52 PM
    Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..

    Action & Urgency!

    Come' on EB3-I

    http://immigrationvoice.org/forum/showthread.php?t=20147



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  • panky72
    08-09 02:00 AM
    Just ignore those useless weeds (who don�t know what �joke� means), not only in this thread, even in real life also.

    They will neither be happy themselves nor like others having fun as well.

    I am giving you green.

    :)Thanks nogc_noproblem. BTW where do you find so many funny jokes:D





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  • pointlesswait
    01-06 05:19 PM
    this is to
    who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"

    i didnt start this..u DF..



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  • hiralal
    06-19 10:10 PM
    here is a good prediction. for 5 years housing is going to be a lousy investment when you take inflation into account !!!
    to be honest, I would have bought a house this year because of tax credits ..but articles and predictions like this make me feel good. I guess those who are in similar situation can THANK USCIS for GC delays / visa wastage
    ---------------------
    A "distressingly slow" U.S. housing recovery, with inflation-adjusted home values expected to decline over the next five years, makes it unlikely that housing wealth will drive consumer spending in the next decade, a Reuters/University of Michigan survey found.

    Consumers are apt to maintain their renewed emphasis on savings and paring debt, Richard Curtin, director of the survey, said in a June home price update Friday.
    -------------------------------------------
    "We expect prices to drop for another year and then stabilize before starting to rise with incomes," says Standard & Poor's Chief Economist David Wyss. Moody's Economy.com predicts the S&P/Case-Shiller U.S. National Home Price Index, maintained by data specialist Fiserv, will fall about 16% this year before regaining ground.
    Another risk is that potential buyers will stay out of the housing market, no longer trusting in home appreciation to do their saving for them. Writes David Rosenberg, the former Merrill Lynch economist who is now chief economist at Toronto-based asset management firm Gluskin Sheff & Associates: "Baby boomers are still in the discovery process on oversized real estate being more of a ball and chain than a viable retirement investment asset." Rosenberg also is concerned that an aging population won't need the kind of big houses erected during the boom. "The high end of the market will be in a bear phase," Rosenberg says in an interview.





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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

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

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

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

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.



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  • panky72
    08-11 04:04 PM
    Dear banta
    Vahe Guru !

    I am in a well here and hoping you are in the same well there. I'm writing this letter slowly, because I know you cannot read fast.

    We don't live where we did when you left home. Your dad read in the newspaper that most accidents happen 20 miles from home, so we moved 20 miles. I wont be able to send the address as the last Sardar who stayed here took the house numbers with them for their new house so they would not have to change their address. Hopefully by next week we will be able to bring our earlier address plate here, so that our address will remain same too.

    This place is really nice. It even has a washing machine, situated right above the commode. I'm not sure it works. Last week I put in 3 shirts, pulled the chain and haven't seen them since.

    The weather here isn't too bad. It rained only twice last week. The first time it rained for 3 days and second time for 4 days.

    The coat you wanted me to send you, your Aunt said it would be a little too heavy to send in the mail with all the metal buttons, so we cut them off and put them in the pocket.

    Your father has another job. He has 500 men under him. He is cutting the grass at the cemetery.

    By the way I took Bahu to our club's poolside. The manager is really badmash. He told her that two-piece swimming suit is not allowed in this club. We were confused as to which piece should we remove?

    Your sister had a baby this morning. I haven't found out whether it is a girl or a boy, so I don't know whether you are an Aunt or Uncle.

    Your uncle, Jetinder fell in a nearby well. Some men tried to pull him out, but he fought them off bravely and drowned. We cremated him and he burned for three days.

    Your best friend, Balwinder, is no more. He died trying to fulfill his father's last wishes. His father had wished to be buried at sea after he died. And your friend died while in the process of digging a grave for his father.

    There isn't much more news this time. Nothing much has happened.


    P.S: Beta, I was going to send you some money but by the time I realized, I had already sealed off this letter.~~~~~ ~~~





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  • Marphad
    12-17 02:37 PM
    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!

    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.



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  • Macaca
    05-11 05:28 PM
    The 'Education' Mantra (http://www.realclearpolitics.com/articles/2011/05/10/the_education_mantra_109799.html) By Thomas Sowell | Investor's Business Daily

    One of the sad and dangerous signs of our times is how many people are enthralled by words, without bothering to look at the realities behind those words.

    One of those words that many people seldom look behind is "education." But education can cover anything from courses on nuclear physics to courses on baton twirling.

    Unfortunately, an increasing proportion of American education, whether in the schools or in the colleges and universities, is closer to the baton twirling end of the spectrum than toward the nuclear physics end. Even reputable colleges are increasingly teaching things that students should have learned in high school.

    We don't have a backlog of serious students trying to take serious courses. If you look at the fields in which American students specialize in colleges and universities, those fields are heavily weighted toward the soft end of the spectrum.

    When it comes to postgraduate study in tough fields like math and science, you often find foreign students at American universities receiving more of such degrees than do Americans.

    A recent headline in the Chronicle of Higher Education said: "Master's in English: Will Mow Lawns." It featured a man with that degree who has gone into the landscaping business because there is no great demand for people with Master's degrees in English.

    Too many of the people coming out of even our most prestigious academic institutions graduate with neither the skills to be economically productive nor the intellectual development to make them discerning citizens and voters.

    Students can graduate from some of the most prestigious institutions in the country, without ever learning anything about science, mathematics, economics or anything else that would make them either a productive contributor to the economy or an informed voter who can see through political rhetoric.

    On the contrary, people with such "education" are often more susceptible to demagoguery than the population at large. Nor is this a situation peculiar to America. In countries around the world, people with degrees in soft subjects have been sources of political unrest, instability and even mass violence.

    Nor is this a new phenomenon. A scholarly history of 19th century Prague referred to "the well-educated but underemployed" Czech young men who promoted ethnic polarization there-- a polarization that not only continued, but escalated, in the 20th century to produce bitter tragedies for both Czechs and Germans.

    In other central European countries, between the two World Wars a rising class of newly educated young people bitterly resented having to compete with better qualified Jews in the universities and with Jews already established in business and the professions. Anti-Semitic policies and violence were the result.

    It was much the same story in Asia, where successful minorities like the Chinese in Malaysia were resented by newly educated Malays without either the educational or business skills to compete with them. These Malaysians demanded-- and got-- heavily discriminatory laws and policies against the Chinese.

    Similar situations developed at various times in Nigeria, Romania, Sri Lanka, Hungary and India, among other places.

    Many Third World countries have turned out so many people with diplomas, but without meaningful skills, that "the educated unemployed" became a cliche among people who study such countries. This has not only become a personal problem for those individuals who have been educated, or half-educated, without acquiring any ability to fulfill their rising expectations, it has become a major economic and political problem for these countries.

    Such people have proven to be ideal targets for demagogues promoting polarization and strife. We in the United States are still in the early stages of that process. But you need only visit campuses where whole departments feature soft courses preaching a sense of victimhood and resentment, and see the consequences in racial and ethnic polarization on campus.

    There are too many other soft courses that allow students to spend years in college without becoming educated in any real sense.

    We don't need more government "investment" to produce more of such "education." Lofty words like "investment" should not blind us to the ugly reality of political porkbarrel spending.


    Tiger Mom: Here's how to reshape U.S. education (http://www.usatoday.com/news/opinion/forum/2011-05-10-Reshape-US-education_n.htm) By Amy Chua | USA Today
    The American Idea: An Open Letter To College Graduates (http://www.forbes.com/2011/05/09/american-idea-college-graduates.html) By Carl Schramm | Forbes
    The Myth of American Exceptionalism (http://www.realclearpolitics.com/articles/2011/05/10/taking_exceptionalism_109795.html) By Richard Cohen | Washington Post
    The Role of Economics in an Imperfect World (http://economix.blogs.nytimes.com/2011/05/10/the-role-of-economics-in-an-imperfect-world/) By EDWARD L. GLAESER | New York Times
    Where the Jobs Were Lost (http://economix.blogs.nytimes.com/2011/05/11/where-the-jobs-were-lost/) By CASEY B. MULLIGAN | New York Times
    No, We Are Not a Nation of Hamburger Flippers (http://www.foxbusiness.com/markets/2011/05/09/nation-hamburger-flippers/) By Elizabeth MacDonald | Fox Business
    Multinationals Dump U.S. Workers for Foreign Labor (http://www.thefiscaltimes.com/Columns/2011/05/09/Multinationals-Dump-US-Workers-for-Foreign-Labor.aspx) By JAMES C. COOPER | The Fiscal Times
    California Economy Gets a Jolt From Tech Hiring (http://online.wsj.com/article/SB10001424052748703864204576311373667322428.html) By JIM CARLTON | Wall Street Journal





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  • SunnySurya
    08-05 03:10 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.



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  • navin2004
    05-24 09:04 AM
    http://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories


    This is an excerpt from the above article.

    "Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."





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  • gcseeker2002
    12-27 10:49 PM
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    >>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    >>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    >>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    >>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    >>>>>They are already united, it is Indians who are divided.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    >>>>>No comments.

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    War is bad but required to quell bad people, some people just dont get it the soft way.





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  • kannan
    08-14 07:34 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?





    number30
    03-26 06:14 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally





    saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1



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