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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.




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  • alterego
    09-27 09:04 PM
    The Nov. bulletin will very much depend on whether the USCIS has completed their inventory evaluation process or not. If not then it will be a reprint of the Oct. Bulletin, if they have then I anticipate good EB2 I movement and fair EB3 I movement. EB3 ROW should see more gradual movement.




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  • 485Mbe4001
    08-05 04:35 PM
    Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.

    I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.




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  • new2gc
    03-24 06:19 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?


    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
    12-21 10:00 AM
    Republican Unity Trumps Democratic Momentum (http://www.nytimes.com/2007/12/21/washington/21cong.html) By CARL HULSE and ROBERT PEAR | NY Times, Dec 21, 2007

    WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.

    What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.

    Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.

    �What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�

    Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.

    Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.

    �I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.

    As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.

    �A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.

    Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.

    As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.

    Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.

    �Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�

    As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.

    But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.

    The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.

    Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.

    On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�

    The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.

    Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.

    As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.

    �The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.

    Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.

    Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.

    �I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�

    Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.

    And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�




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  • ilwaiting
    04-09 08:47 AM
    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.



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  • GCKaMaara
    12-17 03:49 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.




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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.



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  • jonty_11
    08-06 02:23 PM
    speaking of DOTs..how do you give Dots?




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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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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?




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  • unseenguy
    06-20 03:38 AM
    Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.



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  • qasleuth
    03-31 07:35 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747




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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.



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  • prince_waiting
    08-05 11:03 AM
    1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.


    2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.


    3. Marriage: It's an agreement in which a man loses his bachelor degree
    and a woman gains her master


    4. Divorce: Future tense of marriage


    5. Lecture: An art of transferring information from the notes of the
    lecturer to the notes of the students without passing through "the minds of either".


    6. Conference: The confusion of one man multiplied by the number present.


    7. Compromise: The art of dividing a cake in such a way that everybody
    believes he got the biggest piece.


    8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.


    9. Dictionary: A place where divorce comes before marriage.


    10. Conference Room: A place where everybody talks, nobody listens &
    everybody disagrees later on.


    11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.


    12. Classic: A book which people praise, but doesn�t read.


    13. Smile: A curve that can set a lot of things straight.


    14. Office: A place where you can relax after your strenuous home life.


    15. Yawn: The only time some married men ever get to open their mouth.


    16. Etc.: A sign to make others believe that you know more than you
    actually do.
    17. Committee: Individuals who can do nothing individually and sit to
    decide that nothing can be done together.


    18. Experience: The name men give to their mistakes.


    19. Atom Bomb: An invention to end all inventions.


    20. Philosopher: A fool who torments himself during life, to be spoken of when dead.


    21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.


    22. Opportunist: A person who starts taking bath if he accidentally falls into a river.


    23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."


    24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.


    25. Miser: A person who lives poor so that he can die rich.


    26. Father: A banker provided by nature.


    27. Criminal: A guy no different from the rest... except that he got
    caught.


    28. Boss: Someone who is early when you are late and late when you are
    early.


    29. Politician: One who shakes your hand before elections and your
    confidence after the elections.


    30. Doctor: A person who kills your ills by pills, and kills you with his bills.




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  • validIV
    06-25 03:59 PM
    He bought his house after he got a job offer from his mentor�Ben Graham, when he could afford it. Prior to that he was renting. He purchased a five-bedroom stucco house in Omaha, where he still lives, for $31,500. Guess how much that house is worth now?

    And who was rich first and does not consider his house as an investment!



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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.




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  • nk2006
    10-07 11:40 AM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    http://www.ipsnews.net/news.asp?idnews=44144




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  • ameryki
    03-23 08:59 PM
    go for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps




    jung.lee
    04-09 12:51 PM
    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).

    Mark, I looked at the pics of the roof of your house. Nice work. Being a little bit of an energy saving geek myself, and this being Earth Day month and all, do you mind sharing some details on the solar panel roofing project?


    What brand of panels did you purchase and where?
    What is the price per square foot raw material, and with installation? Did you use a specialized installer, or a regular roofing contractor?
    What is the total area (ft-squared or m-squared) of the panels?
    What is the energy generated by the panels (I am guessing something in kWH/m-squared)?


    Last but not the least, how the heck did you get snow to stay away from the panels, when it is clearly visible on other roofing tiles at the edges of the roof:)? Is this a property of the panels' surface (smoothness of surface - like glass)?

    Also, hate to dump out here - how about some details the geo-thermal system? (I admit that I know nothing about them, expect for the basic underground heat exchange concept. I did not know that a compact residential system was available).

    Thanks for sharing!




    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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