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  • brshankar
    08-06 10:52 AM
    Yes you are absolutely correct. He is only eligible in EB3 but I know of people who have applied in EB2.





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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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  • amsgc
    08-08 11:44 PM
    .





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  • malaGCPahije
    08-11 09:33 AM
    for this magnificent video!!

    I was in awe of the video myself when my colleague sent it to me. It leaves a mark on you. Glad you liked it too. Enjoy.

    If anyone is wondering what video we are talking about, here is the link again.

    http://www.vimeo.com/1211060



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  • nojoke
    04-06 04:50 AM
    Fide_champ,

    I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

    USDream2Dust

    I hope this is not a joke. You have any idea what kind of downturn we will be facing? Why did Fed jump in to bail out Bear Stearns against all the criticism? What they did is considered illegal by many. But still they did it anyway. Because the Government is very afraid of this shaky economy. We were just few steps away from bank runs.
    My friend bought house in Atlanta and within 3 months the builder sold the same model houses for 100k less. We are going to see a 30% to 50% reduction depending on the area.
    People who wanted to convince themselves said it will not happen in california. As things started unfolding, they said it will not happen in Bay area. Then they said it will not happen in San Jose and Santa Clara. Now they are saying not in their block.
    If you still think a good school will protect your house price, go ahead and catch the falling knife. To give you some idea of what people here are thinking -------------
    “Sinclair: ‘But the prices kept going up. At one time, our house was worth over $600,000. In fact, a model just like this they were asking $699,000 — and now things have entirely collapsed.”

    “A similar house down the street is already in foreclosure and the bank is entertaining offers for under $200,000.”

    “The Sinclairs stopped paying their mortgage in October when the payment jumped from $3,000 a month to $4,000. Now they’re basically squatting in their own home, living there for free. Sinclair: ‘We had to start making some hard choices, which included going into foreclosure on our house and kind of starting again.’”

    “Sinclair: ‘We would do it if the equity was there, but in a case where we’re already so behind… Imagine that for five years, say, we’re gonna pay four grand a month and then we’re just gonna be back up at what we bought the house for. We feel like we’re throwing away money.’”

    --------------------------------
    They are just walking away from their house because they see that their house value is going down. This all will feedback and cause further decline in the prices. Don't think that the prices will be back in 5 years. For someone who bought a house in 1989, it took 8 years to 9 years to get back to their purchase price. This time it will be worse.

    Guys, people are talking about Depression and you guys want to buy house in a good school district. These FB(search google what it means), are waiting for some greater fool than themselves to unload their burden. This is why you will be called "greater fool"
    If you want to loose your 200K in 2 years, go ahead. It is your money. Don't tell that you weren't warned, like all these mortgage companies and banks who are now saying - "who would have thought it would get this worse".

    Land is plentiful in california and NJ. There are building restrictions artificially imposed to keep the prices high. But this is past. No realtors are saying "we are not making any more land" these days. I have been following the housing blogs and they are laughing at Indians who are buying here in Bay area. Do some research before spewing the realtor propaganda and don't compare situation in India with US. Sorry for the rant. I am doing this with good intention to save atleast some of you guys.





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  • sk2006
    06-23 10:58 PM
    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


    LOL.
    :D:D

    A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
    When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.



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  • axp817
    03-25 12:17 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,





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  • satishku_2000
    05-16 12:39 PM
    Originally Posted by mbdriver
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.



    Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.

    Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.

    H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.



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  • swarnapuri
    02-21 02:41 PM
    Guys don't click the link or read the article(IT IS FULL OF BS). It will only make his article to move to the most popular article list.





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  • xyzgc
    12-17 04:27 PM
    I told you guys.. This site name should HIV-Hindu Immigration Voice. Now

    Its IV not HIV. It means indian voice and international voice and immigration voice.
    The international community has denounced Pakistani terrorism. Not just Hindus



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  • ilwaiting
    04-09 11:09 AM
    Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......





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  • sledge_hammer
    06-25 03:06 PM
    No one investment vehicle is the BEST. There are pros and cons. But for you to trash real estate by comparing it to renting is foolishness. One needs to diversify. So one should invest in stocks, bonds, gold, home, cash, etc. What percentage of each? Well that is a personal choice. But home is definitely one way to build wealth.

    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!
    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.



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  • gjoe
    07-14 02:35 PM
    Looks like the situation in this thread is going to get from bad to worse.





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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......



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  • desi3933
    08-05 04:55 PM
    You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.

    Thanks SunnySurya.

    Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.





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  • CT_Green
    02-02 01:42 PM
    We can atleast send an email to CNN and let them know that they should be ashamed of themselves by alowing someone to go on air and use it as a platform to spread his own views and then call it independent reporting.

    I have sent an email via CNN.com
    I know it might not make much of a difference, but atleast they should know that he is not reporting on facts.



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  • krishnam70
    03-25 11:48 PM
    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.

    If this is true

    - cheers
    kris





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  • paskal
    04-09 11:47 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.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...





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  • Macaca
    02-20 10:24 AM
    From Democratic Hires of the Week (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/19/AR2007021900972_2.html), Please send e-mail tokstreet@washpost.com

    Democrats, who are now in demand thanks to their takeover on Capitol Hill, are shuffling jobs all over town. Bruce Andrews was stolen away from Quinn Gillespie & Associates to run the Washington office of Ford Motor Co. He will be replaced at Quinn Gillespie by Chris McCannell, former chief of staff to Rep. Joseph Crowley (D-N.Y.).

    Elsewhere, Stephen Brown left Dutko Worldwide to open the Washington office for Tesoro, an oil refining and marketing firm. R. Scott Silverthorne left the Capital One Financial's lobby shop to become vice president for government affairs of MasterCard Worldwide. And Broderick Johnson, a former chief House lobbyist for President Bill Clinton, is moving to Bryan Cave Strategies from AT&T. Johnson, one of Washington's top African American lobbyists, was pursued for weeks by several firms and was represented by superlawyer Robert Barnett.





    tdasara
    08-11 02:39 PM
    I am not sure if he cares to know that 'even foreign born PhD's need H1b visa to work and do research here before they get a Greencard'.

    If am not wrong he also mentioned wide and loud that 'H1b visa holders pay NO taxes (SSN and Medicare) included and take/send their earned money home'.





    yabadaba
    08-11 01:43 PM
    http://www.flcdatacenter.com/CaseH1B.aspx

    you will have to type in cable news in the employer name box

    and change the state to Georgia



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