Monday 11 July 2011

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  • gc_chahiye
    08-02 07:38 PM
    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.

    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.





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  • TomPlate
    04-08 12:30 PM
    Any one from MASS state. Particulary near Peabody, Salem, Beverly those areas. Any ideas of house pricing there...?





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  • singhsa3
    08-06 09:06 AM
    Personally I think "Obviously" response was derogatory and not funny at all.
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.





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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.



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  • HawaldarNaik
    12-26 07:14 PM
    I beleive enough is enough ( after saying no for years, i am now convinced), that the only way, i repeat, the only way to put an end to this is a Full Fledged WAR....otherwise they will keep on bleeding us like 26/11.
    We all know that they are nothing but a bunch of paper tigers and will go to any extent to harm India, but now the time is up with regards India's Patience.
    By not taking this step will make us sitting ducks for the next stage of attacks that will strike our cities.....
    If Indira Gandhi was alive (quoted by Priyanka Gandhi her grand daughter), she would have...taken decisive and clear cut action by now...and given a fitting reply.....
    The whole world is backing us and watching....Can India take action against all these atrocities happening for years now....or shall we just sit back and keep putting 'pressure' (which has been going on for a month now with no corrective action from the other side).
    Also no economic relations or cricket or entertainment relations (like a entertainment major did they cut off relations)......do not give an INCH.....boy oh boy....enough is enough.......after 26/11....i truly beleive so otherwise they will come up with more sinister plots....

    Even Mahatma said, if by being non violent the opponent feels you are a coward...then stand up....and give a fitting reply (something to that effect)





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  • gchopes
    06-23 12:22 PM
    If you are worried about 485 getting denied then -

    1. Buy a house now and live in it for 10-15 years and build up equity.
    2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
    3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
    4. But bigger house after GC gets approved OR go back home.

    2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.



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  • NKR
    08-06 02:14 PM
    Ok, Soni, the person with a heavy Phd head gives me a red, he/she could not argue reasonably in the form and so gives a red in private... so much for her/his phd





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  • Carlau
    08-12 07:14 PM
    If you enter http://www.flcdatacenter.com/CaseH1B.aspx
    H-1B efile 2005
    employer cable news
    state Georgia
    You will see many H-1B positions but one of these is "Systems Software Developer" valid from Jan 2005 to Jan 2008, something that according to him, America is not short of.



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  • ca_immigrant
    06-23 03:48 PM
    Yea your calculation is a little off. 400,000 financed @ 5% 30 year fixed is $2,148. Factor in your taxes and insurance in escrow thats a total of (approximately, im guessing for your area) $2,500 total. Plus your HOA of $250/month thats 2750 which sounds about right with gapala's calculation. Your closing costs, give or take should also be factored, approx. 10-30k.

    So that comes to 33k/yoy in expenses. That may not be bad when your making six figure incomes or combined household incoming is 150K+, since 20k+ of interest is deductible yoy, but imo i wouldnt buy a 500k+ property unless there is some sort of income to bring down my monthly cost, like a rental unit.

    Townhouses here in NY are very similar to condos so I'm assuming that its the same there. I personally would not pay 500k for something similar to a condo unless its in Manhattan. Just curious why not buy a house instead of a townhouse? Unless thats the norm in that area. I would prefer to take care of the house myself than pay maintenance and HoA dues. You learn a lot more and grow as a homeowner.

    Sorry and thanks for the correction....I missed the closing costs...
    but from what I know it is 1% of the home price ? so around $ 5000. (again not sure)

    as for the calculation....I did not take into consideration the principle....as that is not an expense.....

    as someone said earlier...no calculation might make sense if prices keep falling down...

    As I said ...Is there risk invloved...? of course yes -;)





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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.



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  • waitnwatch
    05-24 12:17 PM
    Did the brownback amendment pass with the CIR?

    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............





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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.



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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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  • mrajatish
    07-08 10:07 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.

    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.



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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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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.



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  • suavesandeep
    06-26 03:05 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?



    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )





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  • indianindian2006
    08-02 07:01 PM
    Yes.

    A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.

    Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.





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  • cinqsit
    08-06 01:27 AM
    We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

    What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

    Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)


    cinqsit





    axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?





    Pineapple
    12-24 03:21 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.



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