Saturday, July 2, 2011

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  • desi3933
    07-11 10:41 AM

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old can work with old employer until July as long as the old employer does not cancel your old H1..


    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.

    Not a legal advice.

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  • satishku_2000
    08-02 06:12 PM

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

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  • sanju
    12-19 10:18 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.

    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...


    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

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  • Beemar
    12-26 11:31 PM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?



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  • smisachu
    12-28 09:28 PM
    I agree to what you say. But understand that firing a nuke needs more than having one. Our missile shield is pretty good, we have several anti missile defence shields installed all across the border with Pakistan including the Rann of Kutch. Yes they are only tested and not war tested, but so are pakistans wepons. At least our wepons are self produced, paks are purchased chinese crap. I doubt nukes will be used even if there is a conflict.

    As you say we have suffered for 60 years due to terrorism and we need to end it. I am not advocating war but killing all terrorists. India has no interest in Pakistan and has no use for it if we occupy it. I was just highlighting the capacity of our Army not advocating marching to Islamabad. All we need to do is get back POK into our control and eliminate the Terrorists there, revoke article 370 and assimilate Kashmir and kashmiris into rest of India and vice versa.

    Listen as some one who has lost a cousin in Kargil and an uncle in 71 war and with 3 cousins still serving in the force , I know the pain of war closer than you might think. Thats why I want to end it once and for all. Do you know, a Jawan is killed due to COLD in siachen glazier every week and this is a place we dont have to put our boys on through the winter, but we do just because if we dont Pak will occupy our post come Summer.
    We need to kill terrorists and let modren pakistanis to gain control of the country, until this is done this problem will not go away for India or the US or anyone else.

    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.

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  • alisa
    01-03 01:00 AM
    on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
    basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).


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  • Macaca
    02-13 10:56 AM
    Taken to School (

    Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.

    Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.

    Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.

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  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.


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  • chanduv23
    04-12 03:20 PM
    Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.

    I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
    It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.

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  • sanju
    01-06 05:20 PM
    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.

    Look dude, your rants are not helping to get support for Palestine cause. To the contrary, your rants is likely to drive people away and people are likely going to be less sympathic for the palestinian people.

    So you have a problem with the term "Islamic Terrorism". Why is that? Weren't the terrorist conducting such acts in the name of their religion which is islam. So whats wrong with the term "Islamic Terrorism". I don't see anything wrong with that term. Do you?

    Why should I care for someone across the world? And are you going to force me to care for someone I don't care? Is that what your objective is?

    Dude, why just cry over hundred of muslims when millions were slaughtered by muslims in sudan. What about the role of muslims in Sudan?

    Here is an example when press deliberatly ignores mentioning that millions were killed by who - ISLAMIC FACIST MALITIA. Why are you always blaming media for reporting what they report. A lot of times, just to be politically correct, media OVERLOOKS mentioning the IMPORTANT FACTS like millions killed by ISLAMIC FACIST MALITIA IN SUDAN.

    Don't tell me members of this forum didn't blame muslims and their faith.

    Big deal, people were merely expressing their opinion freely, is that bad?
    Some member of this forum forum did blame muslims anf their faith, but ALL members of this forum did not blame muslims and their faith. I remember Drirshad, bafidia, budyinsfo who are members of the same forum were not blaming muslims. So ALL members of the forum were not blaiming muslims just as your assertion that ALL muslims do not support TERRORIST and TERRORISM.

    Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.

    Well don't, because your religious leaders preach terrorism and they are to be blamed and not me. People who follow those religious leaders who preach hate and terror are to be blamed, not me.

    I hope you see what you are doing to the crowd here. Most people are sympathic towards the palenstine in some way although most people here acknowledge that Hamas is a terroist organization. But your rants are converting this crowd into justifying Isreal. Your behavior is no different than the behavior of the Palestine leaders which drive away people/counteries who are/maybe sym,pathic towards them. So please step back and question yourself, why are you deliberatly provoking this crowd by posting such stuff. What is your objective?



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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..


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  • mariner5555
    03-24 11:13 PM
    This is total BS.
    Bashing Illegal immigrants for housing market crash and accusing entire race of being theives is nothing new among right wing anti-immigrant "Hatriots"
    But there really isn't co-relation between illegal migration and housing crash.. if anything, migrants are also first time buyers and they support prices towards to lower end market and stop entire lower-middle class neighbourhoods from becoming what Detroit or Youngstown have become..
    So no need to parrot hateful propoganda here.. lets stick to the point..
    o.k. ..I had copied comments from other readers and I have removed the unnecessary remarks ..The only reason I am keeping the remaining portion is to show how many of the first time buyers (I guess Americans) feel. so if lot of people think like the above then housing will take longer to stabilize. (BTW I agree there is no relation between immi and housing crash - nor is it implied in the comments I had pasted). I guess sometimes it makes sense to read what other readers / natives feel about certain situations. a final thought (unless I have to respond to someone else's post) - everywhere I look (articles and in real life) - things are real bad in terms of real estate. will things improve - definitely but it may take long time for things to stabilize and hence it makes sense to do extra research before taking a plunge. for e.g at present I am staying in a rented town home - and I got the deal for $850 - the town homes are inside an apt complex in a good neighborhood. (you need to show income of atleast 3 times the rent to get a place here and many tenants are high tech guys). the same town home during boom time had rent of $1250 other words - there are tons of deals due to excessive supply everywhere. one other important point was made by another person - this winter was harsh and hence people did everything to keep a roof above their head - wait till summer and you will see people literally walking away from their homes ...when u read posts like the above makes sense to wait for some more time esp on H1 / EAD.


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  • ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.

    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.

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  • dealsnet
    01-07 04:49 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.


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  • Beemar
    12-26 06:02 PM
    I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.

    Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.

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  • Pineapple
    11-09 02:20 PM
    Not to split hairs, but I do not think Lou Dobbs is really "Republican" as far as the core political philosophy of GOP goes, and the same goes for Tancerdo et all. All are extremist nuts and never had any mainstream following. But there is a difference: Forget the fact that he is a pathetic opportunist who switched from financial analysis to immigrant bashing simply because the latter generated more ratings than the former. He positions himself as a anti-globalization nativist, and would find more sympathizers in the loony left rather than the loony right. Tancerdo etc are thinly disguised white-supremacists / nativists and their natural base is the far far right Ku Klux Klan nuts.

    In any case, there is nothing special about this election which teaches us to ignore the idiots. Most americans are distinctly uncomfortable with the rants of these guys and therefore Lou dobbs would always remain irrelevant. The world moves not because Lou says it does.. it moves regardless.


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  • akgind
    08-05 04:01 PM
    "...We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

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

    Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.

    Rollong_Flood, you are misleading the entire IV community.

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  • mbawa2574
    01-09 12:35 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

    They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

    India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

    Go Israel Go !!!!!

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  • SunnySurya
    08-05 01:45 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?

    How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?

    12-18 12:10 PM
    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.

    Well said!

    08-26 07:25 PM
    Something to think about: "How To Save the Government $5 Million!"

    A president's pension currently is $191,300 per year, lasting until he is 80 years old.

    Assuming the next president lives to age 80:

    Sen. McCain would receive ZERO pension, as he would reach 80 at the end of two terms as president.

    Sen. Obama would be retired for 26 years after two terms, so would receive $4,973,800 in pension.

    Therefore, it would certainly make economic sense to elect McCain in November.

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