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  • pd_recapturing
    08-05 07:48 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....





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  • unitednations
    08-02 02:34 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.


    Obvious questions is; why take the risk.

    A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.

    However; i am sure uscis would have smartened up now...

    I can't give you a definitive answer with whether they would reject the case or not.

    Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.

    In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.





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  • munnu77
    08-07 04:37 PM
    Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

    The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

    So the mother sent the 8 year old first, in the
    morning, with the older boy to see the preacher in the afternoon.

    The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

    The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

    So the preacher repeated the question in an even sterner tone, "Where is God?!"

    Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

    "Where is God?!"

    The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

    When his older brother found him in the closet, he asked, "What happened?"

    The younger brother, gasping for breath, replied, "We are in BIG trouble this time.

    .........................

    ("I just LOVE reading next line again and again")

    ...............................

    ...............................

    .........................

    ..................

    ..............

    .....

    ..

    ..

    ..
    .
    GOD is missing, and they think we did it!!!!!!!!!!!!!!





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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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  • pete
    04-09 11:37 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.


    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....





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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?



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  • funny
    09-26 02:34 PM
    Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion





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  • validIV
    06-27 12:45 PM
    nothing you have said below answers my question. In 30 years if u are paying 1500 for rent that is 540,000 that is gone. Instead if you used that money to pay the interest, you canclaim that 540,000 as a deductible. Let me say it slowly so u can understand.

    540,000 of rent nets you zero in 30 years.
    540,000 paid towards interest makes it a deductible. That is the difference. In the 28% tax bracket you receive an extra 5,040 a year in your tax refund. But if you are renting you receive zero. That amounts to 28% of that money u lose renting which is a whopping 151,200 in 30 years which is huge.

    Again let me repeat 30 year rent of 1500/month is 540,000 down the drain. As a renter toy claim to save money while u are losing 1500/month. As an owner that 1500 goes to interet which I can get back 28% every year. You don't.

    I'm not even calculating principal here.

    When you rent the amount you save is the same as the principal+equity+property value of my home and savings combined. And in that case after 30 years i managed to get something back with that money you lose in rent. Even if u rent for 30 years the home you mightve wanted to buy 30 years ago at 400,000 is now 800,000. You cannot Afford to buy it anymore. And on top of that you blew 540,000 renting. I blew 540,000 on interest but guess what? I got 151,200 of that amount back in tax returns.

    Why can you not see that? Your arguments do not display any financial sound to renting other than you like to throw 1500 a month away.



    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!



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  • 2008FebEb2
    08-05 01:35 PM
    I a EB2-I with PD 2008 Feb.

    I think everybody has the right to port to a different category if they qualify for it.

    I feel for Eb3 guys who have been waiting in the queue for ever now.

    The Original thread starter is a sh*t stirrer who knows nothing. :mad:

    Good luck to everyone. :p





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  • senthil1
    05-16 12:15 AM
    Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal

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

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

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

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



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  • amoljak
    07-10 09:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?





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  • enqueued
    03-22 11:39 PM
    IMHO - go buy a house. We cannot freeze our lives for green card.

    I bought one in the first year of my H1. I changed it last year. I am in the 9th year now. It is the *only* sensible investment I made.

    Cheers.



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  • catopa
    07-14 09:11 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

    Sorry but couldn’t ignore this being an EB3-I applicant with more then 10 yeas in US and 7 years in GC processing. I think most of EB3-I are people who got stuck in this queue (specially during 2001/2002) have a master or more and applied in EB3 based on their employers/lawyers advise (My Case).

    I think the quoted poster needs to understand the frustration that builds up with people who have been waiting in line for a long time. I don’t think EB3 is jealous but happy for our fellow country men who got the bright side of this mess.

    Good luck and god speed to all.





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  • jasmin45
    08-02 01:13 PM
    Yes, that is the same person. I felt discouraged and decided to not actively post; unless there is some real interesting issue.

    I consider this a real interesting issue.
    Your wisdom is amaizing and we are happy to see you and request you to help clear the darkness of GC for many souls.



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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.

    RCUBxgdKZ_Y





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  • nojoke
    01-01 12:23 PM
    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?



    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.

    You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
    The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
    So stop trolling:D



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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.





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  • mariner5555
    04-17 03:16 PM
    just in case people are wondering why the future of housing will continue to be bad ..here is the article.
    http://blogs.marketwatch.com/greenberg/2008/04/mortgage-resets-the-fun-has-just-begun/?mod=MWBlog
    ------
    �When they start talking about mortgage RESETS,� emailed Paul Jaber, a portfolio manager at the Perpetual Value Fund, �can you correct them and tell them the problem is RECASTS? They surely don�t know the difference��

    Paul continued:

    See, if you took out an option pay ARM loan in 2005 and bought a few properties like the hotshot 24-year old Southern California real estate mogul � on average you would be able to make 40 months of BELOW interest rate mortgage payments (I use the word payment loosely).

    After about 40 months your 2% b.s. payment would make the loan grow to about 115% of the original amount and then � WHAMMO � your loan would recast to a 27-year fully amortizing mortgage. Your payments would go from $1,000 a month to over $3,000 and you would be walking around wondering, like �What is happening?� A good analogy is the three-year no-payment, no-interest Circuit City TV loan. The catch is that in month 37 you owe ALL back interest � usually about double the original charge.

    The guys talking about resets are trying to confuse the situation. The option arm loan was very popular through 1Q07 - so take 40 months from that date, plus 3 months for them to go 90 days late and then and only will you see foreclosures start to level off.

    To further drive home the point, Paul adds:

    The reason why CFC, WM, WB, DSL and FED are all imploding is because the 2003 - 2004 pay option arm loans are all recasting and then going 90 days late. But all you need to know is pay option arm loans have a teaser payment that will last until the loan goes 110%-125% of original value and then the loan RECASTS to a fully amortizing loan. That is how a payment skyrockets - its simple math. Whereas payments can�t realistically double or triple with a simple ARM reset, most are capped every year - again the math is pretty simple.

    The resets do indeed peak in the middle of this year and then taper off. It�s also true that the Fed cuts mean that the reset leads to no increase in monthly payments for about 20% of borrowers and for less than $100/month for another 20%, based on an article I read in the WSJ a few days ago. But:

    1) That means for 60% of homeowners, the reset will more more than $100/month � for some, a lot more.

    2) Mortgages with teaser rates written from Q1 05 - Q2 07 are defaulting at catastrophically high rates before the reset � a whole lotta people can�t even pay the teaser rates!

    3) Bulls are missing the lag effects. It takes an average of 15 months from the date of the first missed payment to sale of the house, so the fact that resets are tapering off by the end of this year means the wave of foreclosures and home auctions the resets trigger won�t hit until mid to late 2009 into 2010.





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  • delax
    07-13 09:17 PM
    \
    relax buddy,

    dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...

    I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.

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





    HawaldarNaik
    12-26 08:44 PM
    However crude the last statement may sound, it is very effective and 2 the point.
    I now beilive that some world powers are willing to work to gether to get this 'headache' resolved in some way (as most of them have now been bit by it one way or the other....though they were first sympathetic to the cause blah blah.....now they have been stung...so have woken up)
    one thing is certain as i specified above, we have to make sure that we put an end to this..and SOON.....otherwise the horror has just begun and they will really be encouraged to attack again...and this time it could be much worse (as u have seen it has progressively got worse)...so time is running out...
    Even if we target the terror camps, i think most of the world powers will not raise a hue and cry...... for that i must say hats off to our chief ('sardar'...means chief), he has really handled this with a lot of calm and composure at the same time effectively....got the world intelligence agencies to come down and validate what we have all along been saying.....and making the whole investigation transparent to the global powers.......NOW it is the time to act....and NAIL it to the opposite camp.........

    And i used to think he was the best finance minister we had....he has proved me wrong cause he could just end up being the best finance cum prime miinister for me





    needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)



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