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  • unitednations
    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.





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  • Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.





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  • somegchuh
    03-25 02:53 PM
    Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D


    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.





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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.



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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.





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  • CreatedToday
    01-09 01:34 PM
    The discussion tuned nasty! Admin got involved.

    why are you digging it up?

    Its good we talk healthy now!



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  • Rolling_Flood
    08-05 08:22 AM
    A person's skills don't decide EB2/3........the JOB REQUIREMENTS do........how many times does someone have to repeat this till you finally get it??

    And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.

    Thanks.


    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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  • singhsa3
    10-01 05:10 PM
    God knows what in store for us. Nothing except our determination is in our favor.



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  • Berkeleybee
    05-17 12:59 PM
    Qualified_trash,

    We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.

    On the issue of what to do about Lou Dobbs:

    (1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.

    (2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.

    On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.

    best,
    Berkeleybee





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  • Rolling_Flood
    08-05 08:22 AM
    A person's skills don't decide EB2/3........the JOB REQUIREMENTS do........how many times does someone have to repeat this till you finally get it??

    And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.

    Thanks.


    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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  • kak1978
    06-05 10:46 AM
    http://seattlebubble.com/blog/wp-content/uploads/2009/04/home-price-to-rent_2009-01.png

    Althought this is just for seattle area, this trend is more or less the same nationwide.

    According to this graph we need to wait out atleast one more year for the Rent - to- Price ratio to come down to the historical averages. But you get the Federal first -time home owner credit of $8000 (more in CA) only if you buy before the end of this year. So in my opinion, a good time to buy a house is in the month of december this year, if not the best time to buy. Now this is with an assumsion that mortgage rates don't rise substantially.





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  • logiclife
    04-07 01:06 PM
    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.



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  • gcwait2007
    06-26 11:31 PM
    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 !!

    Hello Hiralalji,

    Excellent post. Salute to you!

    Thank you once again





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  • sanju
    12-17 03:08 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    Marphad,

    In the recent past, I expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not faded, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to discuss this issue on IV fourms.

    Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.

    I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.

    Peace.


    .



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  • gapala
    06-07 04:46 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.

    http://homebuying.about.com/od/buyingahome/qt/0307Buyinghome.htm





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  • Macaca
    12-29 07:42 PM
    What India Inc. Was Up To in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/29/what-india-inc-was-up-to-in-2010/) By Tripti Lahiri | IndiaRealTime

    We looked back at almost a year of India Real Time blog posts on business and the economy and here, summed up in five points, are the highs, lows and key things to take away from all the court judgments, reports, numbers and other data that the Indian economy and India Inc. generated this year.

    The Ambani fraternal feud ended, sort of. A Supreme Court judgment in May said a gas price set by the government would prevail over one in an agreement between Mukesh Ambani and younger brother Anil Ambani, ending the long-running legal dispute between the two over at what price Mukesh should sell gas to his younger brother.

    Years on from their father�s death in 2002, and after an acrimonious split of the Ambani business empire in 2005, things seem to be easing between the two. This year the two brother scrapped a noncompete agreement. That move allows firms from each brother�s empire to work in areas that the other brother is already involved in.

    Car sales, viewed as an indicator of overall economic health, chugged along. Even though upgrades to meet new fuel emissions rules made cars more expensive and rate increases made loans more expensive, cars sold like crazy, according to sales figures released each month. Although small, compact cars continue to be India�s top preference, SUVs made a lot of headway in India this year, to the distress of India�s environment minister, Jairam Ramesh.

    Speaking of Jairam Ramesh, the environment minister has been very energetic, to industry�s distress. Mr. Ramesh was quick to act on a panel report that said the India-focused metals firm Vedanta had violated provisions of India�s forest rights law. He halted the company�s bauxite mining plans in Orissa. The Lavasa hill town project in Maharashtra also got a stop-work order from the environment ministry in the wake of complaints from a nonprofit.

    Mr. Ramesh is now debating whether or not to put the green hex on the already vexed Korean steelmaker Posco, which has been trying to bring plans to build a steel plant in Orissa to fruition for five years. What he does�a decision is expected early in the new year�on the steel plant will could help show industry whether Vedanta was a one-off or whether Mr. Ramesh means to continue as he has begun.

    RBI Governor Duvvuri Subbarao is watching inflation like a hawk. It�s true the central bank governor, who likes to crack a joke or two and quotes Chinese leaders from time to time, didn�t raise rates at the last monetary policy review two weeks ago. (He had said in November that the Reserve Bank of India wasn�t likely to do so for about three months.)

    However, inflation has been a key concern all year and the Indian bank has been fairly aggressive about tightening. With a goal of bringing the headline inflation rate, which was 7.48% in November, down by 2 percentage points by March, expect Mr. Subbaro to resume a tight hold of the reins.

    Indian women have a really hard time juggling family and work, and that�s probably not good for the economy. It�s pretty clear that Indian women aren�t shy about leading�a woman runs the ruling party and another woman heads India�s top private bank. More women are CEOs of top companies here than of Fortune 500 companies. But several reports and conferences over the year have said that India needs to do more to take advantage of educated women it has, particularly as firms in the formal sector complain of a shortage (as a country of a billion people, there�s no unskilled labor shortage though).

    Many of them agreed that Indian women face extremely high pressure on the family front, even compared to women in other emerging economies, and that it can be quite hard for them stick with positions and climb up the ladder as a result.


    India Raises Renewable Energy Target Fourfold (http://online.wsj.com/article/SB10001424052970203513204576048870791325278.html) By ERIC YEP | IndiaRealTime



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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .





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  • Macaca
    12-29 07:42 PM
    What India Inc. Was Up To in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/29/what-india-inc-was-up-to-in-2010/) By Tripti Lahiri | IndiaRealTime

    We looked back at almost a year of India Real Time blog posts on business and the economy and here, summed up in five points, are the highs, lows and key things to take away from all the court judgments, reports, numbers and other data that the Indian economy and India Inc. generated this year.

    The Ambani fraternal feud ended, sort of. A Supreme Court judgment in May said a gas price set by the government would prevail over one in an agreement between Mukesh Ambani and younger brother Anil Ambani, ending the long-running legal dispute between the two over at what price Mukesh should sell gas to his younger brother.

    Years on from their father�s death in 2002, and after an acrimonious split of the Ambani business empire in 2005, things seem to be easing between the two. This year the two brother scrapped a noncompete agreement. That move allows firms from each brother�s empire to work in areas that the other brother is already involved in.

    Car sales, viewed as an indicator of overall economic health, chugged along. Even though upgrades to meet new fuel emissions rules made cars more expensive and rate increases made loans more expensive, cars sold like crazy, according to sales figures released each month. Although small, compact cars continue to be India�s top preference, SUVs made a lot of headway in India this year, to the distress of India�s environment minister, Jairam Ramesh.

    Speaking of Jairam Ramesh, the environment minister has been very energetic, to industry�s distress. Mr. Ramesh was quick to act on a panel report that said the India-focused metals firm Vedanta had violated provisions of India�s forest rights law. He halted the company�s bauxite mining plans in Orissa. The Lavasa hill town project in Maharashtra also got a stop-work order from the environment ministry in the wake of complaints from a nonprofit.

    Mr. Ramesh is now debating whether or not to put the green hex on the already vexed Korean steelmaker Posco, which has been trying to bring plans to build a steel plant in Orissa to fruition for five years. What he does�a decision is expected early in the new year�on the steel plant will could help show industry whether Vedanta was a one-off or whether Mr. Ramesh means to continue as he has begun.

    RBI Governor Duvvuri Subbarao is watching inflation like a hawk. It�s true the central bank governor, who likes to crack a joke or two and quotes Chinese leaders from time to time, didn�t raise rates at the last monetary policy review two weeks ago. (He had said in November that the Reserve Bank of India wasn�t likely to do so for about three months.)

    However, inflation has been a key concern all year and the Indian bank has been fairly aggressive about tightening. With a goal of bringing the headline inflation rate, which was 7.48% in November, down by 2 percentage points by March, expect Mr. Subbaro to resume a tight hold of the reins.

    Indian women have a really hard time juggling family and work, and that�s probably not good for the economy. It�s pretty clear that Indian women aren�t shy about leading�a woman runs the ruling party and another woman heads India�s top private bank. More women are CEOs of top companies here than of Fortune 500 companies. But several reports and conferences over the year have said that India needs to do more to take advantage of educated women it has, particularly as firms in the formal sector complain of a shortage (as a country of a billion people, there�s no unskilled labor shortage though).

    Many of them agreed that Indian women face extremely high pressure on the family front, even compared to women in other emerging economies, and that it can be quite hard for them stick with positions and climb up the ladder as a result.


    India Raises Renewable Energy Target Fourfold (http://online.wsj.com/article/SB10001424052970203513204576048870791325278.html) By ERIC YEP | IndiaRealTime





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  • Legal
    08-11 11:07 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.





    astral1977
    07-14 01:31 PM
    I guess this is the easiest way to become a Senior member. Copy paste the same "personally deduced information" in different threads. If required, create a new thread and paste it again.

    Dude, refrain from doing it.....Doesn't serve the purpose of the forum.

    Cheers.





    DSJ
    05-17 03:01 PM
    You said it.


    Consulting requires ability to learn quickly and ability analyzie the problem quickly and honestly consulting is not a profession for every one.



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