WantGCQuick
06-05 02:36 PM
This is a very healthy discussion!!.
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
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GCNaseeb
08-02 04:00 PM
Welcome back and Thanks very much for your valuable suggestions.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
nanban007
07-14 12:56 PM
I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban
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gc_check
04-07 07:42 PM
H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...
Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.
Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.
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chintu25
08-28 09:36 AM
Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:
O: All your responses must be oral, OK?
A: OK
O: What school did you go to?
A: Oral.
After a short explaination, the conversation continued:
O: What is your date of birth?
A: July fifteenth.
O: What year?
A: Every year
:D
O: All your responses must be oral, OK?
A: OK
O: What school did you go to?
A: Oral.
After a short explaination, the conversation continued:
O: What is your date of birth?
A: July fifteenth.
O: What year?
A: Every year
:D
BondJ
05-16 05:54 PM
Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
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StuckInTheMuck
08-05 02:10 PM
A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.
Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"
Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"
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desi3933
07-08 07:38 AM
This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
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s_r_e_e
08-25 06:40 PM
keeep going.. we need this :)
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gc28262
03-24 07:30 PM
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
Isn't the employee-employer relationship between employee and the consulting company ?
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
Isn't the employee-employer relationship between employee and the consulting company ?
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
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Pagal
06-20 03:45 PM
Hello Hiralal,
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
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bkarnik
08-06 06:23 PM
Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.
Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.
"What happened to you," asked Hillary?
"Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."
"My God, what did you tell them?" asked Hillary.
The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."
Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.
"What happened to you," asked Hillary?
"Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."
"My God, what did you tell them?" asked Hillary.
The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."
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unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
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gclabor07
08-05 11:48 AM
Folks,
Here are my thoughts on this based on my personal experience.
USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.
I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.
Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.
Here are my thoughts on this based on my personal experience.
USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.
I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.
Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.
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Amma
01-07 07:21 PM
to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
When you people are going to change ?
People with no skill is better than so called highly skilled but no brain .
When you people are going to change ?
People with no skill is better than so called highly skilled but no brain .
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abcdgc
12-27 01:08 AM
Indian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.
Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.
Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.
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pmb76
01-10 03:12 PM
With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D
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number30
03-25 01:09 PM
UN I think you are hyping up the current situation too much.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working
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ThinkTwice
09-26 02:20 PM
The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
mbawa2574
09-26 11:11 AM
Though I like Obama as a person who promises positive change, I am afraid this will turn into disaster for all of us. Obama in white house to me translates into 'Curtains' for all legal high skilled immigration.
If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.
Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.
Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
Refugee_New
01-07 10:02 AM
Their ideology is kill th kafir (non-beleivers). thats where all the problems started.
Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.
Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.
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