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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.




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  • xyzgc
    12-25 03:41 PM
    Why worry so much about some random terrorist acts in India when billions of people are dying of disease and hunger all over the globe?

    Like somebody once said - let's worry about the enlightened self interests tomorrow, let's be concerned with the self-interests today. Before we even think about becoming Charitable Mr. Gates, let's first come close to being Mr. Gates first!

    You will find your ties to India very difficult to break. You and I are part of the international business community and India plays a significant role in this global economy! Terrorism, anywhere in this economic zone not just India, will impact either you or your employer directly.

    India has a dark chapter in history of repeated Islamic infiltrations, invasions, barbarism and terrorism - all of which goes back to 11th and 12th centuries and more significantly of caving in to them. We see only history repeating itself and all of us must be aware of this fact. Pakistani terrorists attack India with impunity, while the rest of the world dismisses it as an outcome of Kashmir conflict, Hindu-Muslim religious divide and so on. Not realizing that there are deep economic ramifications.
    I'll do my best to educate/remind everyone of this fact, even if it means being branded on immigration forums as a hate-monger.
    I believe that the world opinion has long reaching influence - it may be a slow-acting antidote but its curative effects will be long lasting.




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  • sanju
    12-23 09:26 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!

    Why is it that I hear about such things only from Mulsims on internet forums. Let me guess, because some muslim wrote that articles and sent it to all his brothers, and now you are posting it to make it appear that only Islam ia the "religion of peace" and there are flaws with every other religion. Often you guys dig deep and if cannot find something from recent past, you go to dig into thousands of years of history and then come up with some link somewhere. That's the best you can do???? There are flaws with every religion because religions have been shaped through the centuries by people who were powerful, and as they say - power corrupts and absolute power corrupts absolutely. So practices and traditions have been shaped by those in power. This applies to Islam, Christianity, Hinduism and every other religion. So all religions are corrupt. However, here is the fundamental difference - all religions other than Islam, have accepted the changes adopted by civilized society. Islam is the most stubborn and violent religion. You can pick up history book and find out bad/irrationale things/events about every religion, it just depends how long/far in time and space you are wiling to go. And depending upon what you want to prove, you will go far back in time to the times in history to suit your argument. So you take a position first and then go out to looking for proof to suit your position, instead of looking for proof and then taking a position. And why always talk of some events that occurred in the past to justify terrorist act, why always hide behind some other place (like Chechenya, Palestine, etc etc ) or some other event (like the article you quoted), and then justify terrorism in the name of islam. Till when are you going to play this game and befool yourself. Do you realize that your this behavior and the similar behavior of your religious leaders has resulted in forcing the modern society to relate islam to terrorism than relating islam to being a religion.

    How about this link:
    http://www.msnbc.msn.com/id/28161210/

    This is in America, the land to which you are in line to immigrate and are waiting for green card. Does it mean you are dying to live with sex slaves because as per this news report sex slaves business is thriving in America? Is that one of the tenet of Islam - to be a sex slave?

    You guys distort facts to make other religions look bad because the name of this slimy game is - "I can only be good if I make others look bad". And even if I support & sympathize with terrorist, it is ok as long as I can justify it by posting some link that shows some other religion in bad light. Is that how it works????

    Look, there are dark events and dark times in the history of every society and every religion, spanning from multiple centuries to medieval age to modern progressive society. Talk about in today's context because we are all living in the PRESENT and no one know for sure about the accuracy of the "history" as everyone has their version of the history. In the present world, Islam and terrorism are synonymous. This is not what I am saying, this is being discussed and accepted by all progressive societies of the world. Civilized communities and societies world over do not look upon Islam favorably. You can try your trick faulting other religions as many times as you want, but it will do only so much, and Islam and terrorism will continue to be synonymous, unless you stop wasting your time to make others look bad, and live up to the responsibility to do some house cleaning to clean up the mess created by the so called "religion of peace". Its that simple.


    .




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  • xyzgc
    12-28 12:21 AM
    Please don't advocate war.
    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.

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



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  • pani_6
    07-13 01:27 PM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
    [I am going to include USICS Address and Fax's numbers also]

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    [with due respect ...How did the rules suddenly change to favour eb-2]..I am not against it..just want to know?

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.




    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    [could you suggest a solution..you know that legislation cannot work this year so what needs to be done??]

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.

    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.

    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]




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  • reedandbamboo
    06-07 12:23 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.



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  • niklshah
    01-07 10:35 AM
    Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.

    U.N. 'sure' no militants at school hit by Israeli troops

    http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html

    Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.


    oh every one saw your link u sent, did u see CNN when they were showing mumbai killings.. Palestine and Israel are fighting for land and occupation but what was fault of people in mumbai??? think hard man if this war needs to be stopped it has to be stopped from all the sides u cant blame single community or nation for this..........




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  • SunnySurya
    08-05 09:17 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

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

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.



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  • conchshell
    08-06 10:35 AM
    If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)

    This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D




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  • Macaca
    05-07 09:13 PM
    'The Other K Street' (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/06/AR2007050600892.html) In the Concrete Canyon of the Business Lobby, a Pocket of Liberal Activists Settles In, By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Washington Post Staff Writer, Monday, May 7, 2007



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  • Ramba
    09-30 02:08 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.




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  • nogc_noproblem
    08-05 01:14 PM
    A man staggers into an emergency room with a concussion...

    ..., multiple bruises, two black eyes, and a five iron wrapped tightly around his throat. Naturally, the doctor asks him what a happened.

    �Well, it was like this,� said the man. �I was having a quite round of golf with my wife when a at a difficult hole, we both sliced our balls into a pasture of cows. We went to look for them and while I was rooting around, I noticed one of the cows has something white in its rear end.�

    I walked over and lifted up the tail, and sure enough, there was the gold ball with my wife�s monogram on it � stuck right in the middle of the Cow�s butt. That�s when I made my mistake.�

    �What did you do?� asks the doctor.

    �Well, I lifted the tail and yelled to my wife, Hey this looks like Yours!�



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  • hetalvn
    09-19 05:04 PM
    hi
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah
    hetalvn@yahoo.com




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  • paskal
    07-08 08:46 PM
    I have been here 11 years. 4 different employers.
    I have all my returns and W2's
    why in the world would i keep every paystub?
    makes no sense. of course little does.

    UN thanks for the comments.
    any predictions on where we are headed? my vested interest is in EB2 india...

    btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

    also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?



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  • unitednations
    08-02 06:36 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.


    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.




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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?



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  • DSJ
    05-17 10:48 AM
    Come on man, stop eating disk space. I agree you are next successor to Bill Gate.

    Behave like a high skilled person. ......




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  • immique
    07-14 01:30 AM
    what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.




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  • funny
    10-01 05:17 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.


    It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....




    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.




    abracadabra102
    12-27 12:24 PM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg

    Nice job and you and Alisa started a good thoughtful conversation.

    I agree that war is not the best option but should not be discounted outright.
    We are thinking too much of Pakistani nuclear weapons (and to some extent India's nuclear weapons as well). When Pakistan and India last tested these (1998), many experts thought these were fizzles. I could dig up one article that hints that 1998 tests are a possible fizzles.
    1. http://news.bbc.co.uk/2/hi/programmes/newsnight/6037992.stm

    2. N. Korea tested nukes in 2006 and are definitely fizzles and these are built using the same techniques used by pakistan (AQ Khan actively involved).

    3. The other important aspect of nukes is the delivery. Pakistan's capability is suspect here as well. It is not sufficient just to have warheads and missiles (made in China), they should be tied together with proper trigger mechanism and it is uncertain if China delivered this technology to Pakistan or not.

    With points 1, 2 and 3, it is reasonable to assume Pakistan can not take out India even with first strike and with nuclear weapons. I definitely think India's nukes are more potent. Assuming Indian nukes are just as bad as Pakistani nukes, finally it boils down to conventional war, and Pakistan can never beat India in a long drawn out war. The simple reason is that, India has a robust manufacturing base and much more robust economy and can continue to produce weapons and support war, where as Pakistan has to stop the moment it runs out of the weapons it bought fron US and China. Pakistan can not expect military supplies from any country once the war starts.

    The only way Pakistan can win over India is to destroy India completely with nuclear first strike and it would have done that already if it had the capability.

    If there is a war between India and Pakistan, India wins that war with or without nukes, period. So nukes should not be a deterrent for India going to war with Pakistan.

    The other point every one is making is that wars can damage India economically. Not necessarily. Look at history and you will see that many countries prospered after wars (eg. US, UK, Germany, Japan etc. post WW-II).

    There is one more good reason for India-Pakistan war. The major reason for failed democracy in Pakistan is its military. A war between India and Pakistan has one outcome, India's victory and destruction/weakening of Pakistan army. With weakened military, Pakistan has a chance to develop as a democratic nation, and that is good for the entire region. Proof? look at what happened after Indo-Pak war of 1971 and Indira Gandhi created Bangladesh. There was resurgence of democracy, with Bhutto becoming prime minister until that crook Zia-ul-Huq murdered him.

    But I doubt any of this will happen now. I wish Indira Gandhi is Prime minister and leading India now.



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