venram
03-22 04:54 PM
Here is the key thing - now it is crystal clear that purchasing a house cannot be a short term investment. If you plan to buy a house, you should plan on staying in (or retaining it by way of renting) the house for at least 5 years. I feel, that should drive the decision of your buying the house or not. Visa status is just a very small factor in this decision. If you are not very confident of keeping your visa status valid until you get a green card, then quit the idea of buying the house for now.
I would think even if one has a green card in hand and cannot be sure of being in one place for at least 3-5 years, then quit thinking of buying a house until you secure yourself in one place for that kind of a term.
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
I would think even if one has a green card in hand and cannot be sure of being in one place for at least 3-5 years, then quit thinking of buying a house until you secure yourself in one place for that kind of a term.
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
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texcan
08-05 01:13 PM
I only read a few posts, but seems like there a lot of moral blasting and blame game going on.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
Marphad
12-17 01:09 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
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
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fide_champ
03-23 05:04 AM
Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
That's interesting. You paid only 3% and how much loan you took and what's your monthly payment?
You guys are providing me with lots of encouragement. I very much appreciate your suggestions or inputs.
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
That's interesting. You paid only 3% and how much loan you took and what's your monthly payment?
You guys are providing me with lots of encouragement. I very much appreciate your suggestions or inputs.
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maddipati1
03-23 03:08 PM
Did you send Seinfeld a royalty? :D
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mrow
07-07 10:34 PM
Don't waste your time there. I too had applied for EAD renewal in March, and it expired in the end of June. Contacted the local office but they said they could'nt do anything. Got my 485 approval 2 weeks before our EADs expired! I had even contacted a senator out of desparation when the USCIS had pushed the EAD processing back by 6 months and with a mortgage payment, baby and with no unemployment benefits that would have been hell. Your best bet at this point is your senator and a good attorney. Don't worry about the attorney fees - it will be worth it in the end. Good luck, I feel for you.
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javadeveloper
07-18 11:32 PM
First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...
Thanks In Advance
Thanks In Advance
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Macaca
07-08 06:54 PM
In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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Refugee_New
01-06 04:54 PM
i am sorry that israel has been a little callous about collateral damage...not cool!
i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:
a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool!
event Egypt and Saudi Arabia regard Hamas with skepticism.
b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!
c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!
d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!
e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!
tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!
...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism?
moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.
You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:
a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool!
event Egypt and Saudi Arabia regard Hamas with skepticism.
b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!
c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!
d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!
e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!
tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!
...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism?
moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.
You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
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Rayyan
01-07 05:58 PM
^^^^^
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gomirage
06-07 03:05 PM
That's true. We should not look at buying a house as a sound investment because it is really not. I bought a house for my own happiness and satisfaction of a living a nice life in my lifetime.
What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.
I completely agree with you. Just as s side note I am also planning on buying in a year or two, as my daughter gets older and needs more playing toys. She certainly can't do that in the apartment we live in now. I will be looking for something in my current rent range.
What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.
I completely agree with you. Just as s side note I am also planning on buying in a year or two, as my daughter gets older and needs more playing toys. She certainly can't do that in the apartment we live in now. I will be looking for something in my current rent range.
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desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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pappu
03-25 11:58 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
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lost_angeles
07-13 03:30 PM
Last year's flower campaign was very successful. It created positive vibes for us all around. The reason for the campaign's success was it's novelty, non-confrontational approach and it's appeal to the sense of justice of the people that mattered.
With the EB3-I situation as it is, we definitely need to start a new and similar collective initiative as has been discussed in this thread. It is been generally agreed that the format of our initiative would be a letter, contact, and action based effort.
Not to be preaching to EB3-I-inans, but most of us are truly in a trance where we refuse the possibility of not getting a Green Card, at least when it is meaningful. To many of us this possibility is such a catastrophic event, that sub consciously we have not even provisioned for it. In the euphoria of EB2-I advancement, we forget that the relief is most likely temporary, and we go back to square one in OCT 2008. I think everybody who is still in immigration process, should take a part in this effort. For those who are already ashore, would be a nice gesture if you too lend a hand. On a personal level, I am glad that I am waking up from my laziness and apathy to do something on my own and not wait on others to do it for me.
----------
I want to use this post to outline a first cut for two things --
1. Compile a list of points that outlines the general message of what and why of we are doing.
2. Discuss the action items that accompany our message.
----------
1. Points for general message --
* We understand that immigration is a privilege and national interests are above our plight.
* We are highly educated and experienced residents. Most of us have been living in USA for more than past 7-8 years.
* We are in suspended limbo without knowing the timeline of what the future holds for us.
* When we started the immigration process, it was with implicit belief in the fairness and transparency of the system. The general labor substitution, paying money for Green cards and other abuses have thwarted this belief. This point should be emphasized.
* There were and still are lots of loopholes in the system. Till now, the process has glaringly rewarded the law breakers. As long as these distorted incentives remain, the priorities will be skewed for some.
* We are not here to rob anybody's livelihood. It is a symbiotic relationship. If it is not true and not good for USA, let us know. You cannot let few H1 scams discredit the whole ilk.
* We are tied to our jobs/positions; creative juices are suppressed; creating a secondary class of indentured labor.
* We cannot afford to do tech-speak (245, AC-21, EBs, ....) in the message. The message that we are trying to convey should be understood by the layman in 20-30 seconds.
* We should try to empathize with groups like Numbers-USA. Yes, they too have valid points. If we agree to their points and quote their valid issues, it will take some sting out of their message and work to both our advantage; more to ours.
* By being in this uncertain state, we cannot decide on big ticket items like buying a house, etc.
* We request respect and dignity versus treating us like a dumb herd of sheep. Give us more clear cut direction and transparency.
---------
2. Ideas for action item --
* Similar to flower campaign, we need to find a novel action that accompanies our message.
* This action item should somehow reflect that it is selfless and for a higher cause, which creates a general feeling of well-being.
* Some of things I thought of are -- contributing to Salvation Army / Goodwill, sponsoring education for children from low income family in USA, blood donation campaign, etc.
* Out of this, I think blood donation provides most bang for buck. The idea sounds like too extreme and desperate. It probably is, but it sends a strong signal, also subtleness of if-my-blood-is-good-enough......
Also other inherent benefits are it does not cost anything and is good for your health. And you can be very discrete about it, if you think of lobbying for your green card is stooping too low.
* For blood donation or any other option that is decided, attach proof of receipts/certificates along with our letter. Alongwith a national level office (USCIS director?), this should be sent out to all local representatives, news orgs, etc.
---------
This is a long post and I appreciate your patience in going through it. Please post your comments on this post and add any other ideas you deem fit. I think we all should move very fast and try to drum up as much attention as possible. The ultimate goal is to get some kind of direction or relief before the end of this year.
Thanks.
With the EB3-I situation as it is, we definitely need to start a new and similar collective initiative as has been discussed in this thread. It is been generally agreed that the format of our initiative would be a letter, contact, and action based effort.
Not to be preaching to EB3-I-inans, but most of us are truly in a trance where we refuse the possibility of not getting a Green Card, at least when it is meaningful. To many of us this possibility is such a catastrophic event, that sub consciously we have not even provisioned for it. In the euphoria of EB2-I advancement, we forget that the relief is most likely temporary, and we go back to square one in OCT 2008. I think everybody who is still in immigration process, should take a part in this effort. For those who are already ashore, would be a nice gesture if you too lend a hand. On a personal level, I am glad that I am waking up from my laziness and apathy to do something on my own and not wait on others to do it for me.
----------
I want to use this post to outline a first cut for two things --
1. Compile a list of points that outlines the general message of what and why of we are doing.
2. Discuss the action items that accompany our message.
----------
1. Points for general message --
* We understand that immigration is a privilege and national interests are above our plight.
* We are highly educated and experienced residents. Most of us have been living in USA for more than past 7-8 years.
* We are in suspended limbo without knowing the timeline of what the future holds for us.
* When we started the immigration process, it was with implicit belief in the fairness and transparency of the system. The general labor substitution, paying money for Green cards and other abuses have thwarted this belief. This point should be emphasized.
* There were and still are lots of loopholes in the system. Till now, the process has glaringly rewarded the law breakers. As long as these distorted incentives remain, the priorities will be skewed for some.
* We are not here to rob anybody's livelihood. It is a symbiotic relationship. If it is not true and not good for USA, let us know. You cannot let few H1 scams discredit the whole ilk.
* We are tied to our jobs/positions; creative juices are suppressed; creating a secondary class of indentured labor.
* We cannot afford to do tech-speak (245, AC-21, EBs, ....) in the message. The message that we are trying to convey should be understood by the layman in 20-30 seconds.
* We should try to empathize with groups like Numbers-USA. Yes, they too have valid points. If we agree to their points and quote their valid issues, it will take some sting out of their message and work to both our advantage; more to ours.
* By being in this uncertain state, we cannot decide on big ticket items like buying a house, etc.
* We request respect and dignity versus treating us like a dumb herd of sheep. Give us more clear cut direction and transparency.
---------
2. Ideas for action item --
* Similar to flower campaign, we need to find a novel action that accompanies our message.
* This action item should somehow reflect that it is selfless and for a higher cause, which creates a general feeling of well-being.
* Some of things I thought of are -- contributing to Salvation Army / Goodwill, sponsoring education for children from low income family in USA, blood donation campaign, etc.
* Out of this, I think blood donation provides most bang for buck. The idea sounds like too extreme and desperate. It probably is, but it sends a strong signal, also subtleness of if-my-blood-is-good-enough......
Also other inherent benefits are it does not cost anything and is good for your health. And you can be very discrete about it, if you think of lobbying for your green card is stooping too low.
* For blood donation or any other option that is decided, attach proof of receipts/certificates along with our letter. Alongwith a national level office (USCIS director?), this should be sent out to all local representatives, news orgs, etc.
---------
This is a long post and I appreciate your patience in going through it. Please post your comments on this post and add any other ideas you deem fit. I think we all should move very fast and try to drum up as much attention as possible. The ultimate goal is to get some kind of direction or relief before the end of this year.
Thanks.
more...
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Refugee_New
01-06 04:41 PM
WOW!!!
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
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Macaca
02-25 07:50 PM
Please post (with URL i.e. verifiable) Lou Dobbs lies. He is believed by some persons in other immigration forums. Thanks.
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mbawa2574
05-28 08:21 AM
I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.
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unitednations
03-24 11:39 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
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.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
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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vinabath
03-26 09:59 AM
If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D
Atleast I could sqeeze a beer from you ;)
Atleast I could sqeeze a beer from you ;)
unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
cinqsit
03-24 05:59 PM
Thanks UnitedNations for this discussion.
In the booming years of 99-00 you could see all these consulting companies having a ball. Personally I have seen people with no relevant skill set getting h1's approved in a totally unrelated job profile. I even have come across staffing companies who have hired recruiters as "business analyst's", now its highly unlikely that these companies could not find recruiters here. But the system was getting misused rampantly.
I have had experience with companies who with collusion of someone inside a company
"snagged" portion of revenue from a contract. It wasnt common for 3-4 companies to
act as middleman's ("layers") the final employee who actually worked getting literally
peanuts share of the contract amount. I think this still happens today from what I have heard from my friends.
USCIS had to respond in someway or the other. I am happy that they did but on the other hand I feel sorry for their employees who are probably innocent "collateral damage" victims
It makes me very uneasy as who knows what USCIS will come up with next. The longer our wait is there is a potential for more scrutiny and who knows what pitfall awaits us lurking somewhere where we least expect. Just because people misused the system we are all going to face the consequences.
In the booming years of 99-00 you could see all these consulting companies having a ball. Personally I have seen people with no relevant skill set getting h1's approved in a totally unrelated job profile. I even have come across staffing companies who have hired recruiters as "business analyst's", now its highly unlikely that these companies could not find recruiters here. But the system was getting misused rampantly.
I have had experience with companies who with collusion of someone inside a company
"snagged" portion of revenue from a contract. It wasnt common for 3-4 companies to
act as middleman's ("layers") the final employee who actually worked getting literally
peanuts share of the contract amount. I think this still happens today from what I have heard from my friends.
USCIS had to respond in someway or the other. I am happy that they did but on the other hand I feel sorry for their employees who are probably innocent "collateral damage" victims
It makes me very uneasy as who knows what USCIS will come up with next. The longer our wait is there is a potential for more scrutiny and who knows what pitfall awaits us lurking somewhere where we least expect. Just because people misused the system we are all going to face the consequences.
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