Martes, Hunyo 28, 2011

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  • unitednations
    07-17 12:19 PM
    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.

    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.



    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 PREVIUOS 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??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.




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  • prioritydate
    09-27 06:55 PM
    I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
    I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.

    Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.




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  • nogc_noproblem
    08-06 05:57 PM
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    Five Englishmen in an Audi Quattro arrived at an Irish border.

    Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".

    "Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".

    "You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"

    The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".

    "Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"




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  • irock
    08-05 08:42 PM
    Pl close this stupid thread. Thx!
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?



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  • ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.




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  • nixstor
    11-12 08:26 PM
    Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!


    Ha haa.. I tell you what.. It could be either of these

    1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs

    2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs

    3) They live on a day to day basis. Why bother about tommorow?

    4) Whatever! some one will do some thing. If some thing were to happen it will happen.

    Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.



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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.




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  • Macaca
    10-14 04:25 PM
    Boxer Gets Boost in Industry Cash; But Aides Say Positions, Strategy Unchanged (http://rollcall.com/issues/53_41/news/20421-1.html) By John Stanton | Roll Call Staff, October 11, 2007

    With one eye on a possible 2010 re-election race against California Gov. Arnold Schwarzenegger (R) and the other firmly focused on the Environment and Public Works Committee, Chairwoman Barbara Boxer (D) is taking in increasing campaign contributions from industrial sectors and their unions with business before her panel.

    Boxer � who vaulted from a rank-and-file role on the committee to chairwoman following the 2006 elections and the retirement of then-ranking member Jim Jeffords (I-Vt.) � has long had a contentious relationship with industry. According to aides, she continues to maintain a ban on accepting political action committee contributions from a number of sectors, including oil and gas companies.

    Rose Kapolczynski, Boxer�s longtime campaign consultant, said Boxer has not changed her campaign fundraising strategy as a result of taking control of EPW and that she expects no major increases in contributions from industry once the cycle is completed.

    �I�d be surprised if there�s a major difference in the amount ... there may [just] be a difference in timing� of contributions by industry PACs, Kapolczynski said.

    Kapolczynski also said that in addition to maintaining her long-standing policy of not taking PAC dollars from the oil and gas industry and its top-level executives, Boxer�s rise to power has had no impact on her policy positions. �Anyone who�s followed Barbara Boxer�s career over the years understands there is one thing you can count on � you know where she stands on the issues. And whether she�s in the minority or the chairman, that�s not going to change.�

    But while environmentalists and other allies agree they have seen no significant sign that her long-standing commitment to their cause has waned with her ascension to power, Boxer has recorded what appears to be a significant uptick in funding from industries traditionally hostile to her philosophical positions.

    An analysis of campaign contributions this year through Aug. 30 showed that Boxer has taken in $41,000 from political action committees connected to the energy, natural resources, construction and transportation industries.

    According to CQ MoneyLine, the energy and natural resources sector so far this year ranks as Boxer�s second-largest source of PAC contributions, clocking in at $20,500.

    Labor unions, which have donated $57,650 to her campaign this year, rank as her top source of PAC dollars, and $21,500 of those funds come from unions connected to industries with business before the committee.

    Compared to the 2004 fundraising cycle � the last one in which Boxer was actively raising campaign funds, according to an aide � Boxer appears to be pulling significantly more cash from these sectors now than she was then. For instance, Boxer�s campaign reported $18,500 in total receipts from the energy and natural resources sector in all of 2003 and 2004, according to CQ MoneyLine, while the transportation sector donated $35,450, for a two-year total of $53,950 from these industries.

    While partisan fighting has largely stalled much of her environmental agenda this year � for instance, it appears unlikely that an ambitious climate change bill will be passed � the EPW Committee has successfully moved legislation key to industry.

    For example, Boxer successfully pushed through the Water Resources Development Act reauthorization bill this year. WRDA has long been a top priority for the construction and shipping industries, among others, since it provides billions in federal funding for public works projects such as levy construction and ship channel dredging. This year�s bill, which was vetoed by President Bush last month, included $20 billion in new federal spending.

    Similarly, Boxer�s committee is expected to pass a �technical corrections� bill making changes to the 2005 transportation authorization bill. The corrections measure, in addition to making modifications to the original law with millions of dollars for transportation firms across the country, also includes tens of millions in new spending, including a �mag-lev� railway project connecting the coast of California to Las Vegas.

    While lobbyists representing industries with business before Boxer�s committee declined to comment for this article, lobbyists and Democratic campaign strategists have noted a realignment now under way in Washington thanks to the 2006 elections that in many ways mirrors Boxer�s financial relationship with industry.

    For more than a decade, energy, natural resource and transportation industries and their PACs have tended to favor Republicans, who held control of Congress from 1994 through 2006, both in terms of spending and in whom they chose as lobbyists. But in the wake of the 2006 elections and the sudden ascendancy of Democrats to power in both chambers, those alliances have begun to shift.

    While Boxer has not shown any signs that her reliably progressive and pro-environmental positions are changing as a result of this new dynamic, one public interest advocate, who spoke on condition of anonymity, said Boxer and other Democrats clearly have begun reaping the benefits of power. �It�s good to be queen,� this source said.

    Democratic Senate aides said the veteran lawmaker is in the early stage of gearing up for her 2010 re-election fight, which could include a high-profile � and prohibitively expensive � showdown with Schwarzenegger, and that the increases in her fundraising are a reflection of that reality.

    Kapolczynski acknowledged the specter of a Schwarzenegger run but noted that any statewide race in California is a costly affair and nothing should be read into her donation increases other than the fact that she is prepping for her next re-election campaign. As a result, �she needs to prepare for a really tough race,� she said.

    Although state GOP sources said it appears unlikely at this point Schwarzenegger will make a run for the Senate, one Republican strategist noted the governor is infamous for holding his plans close to the vest until the last moment.

    �This is a guy who didn�t tell hardly anyone he was going to run for governor until he did,� the strategist noted. �He likes surprise and likes the theatrics of it all. He will keep everyone guessing till bitter end, I think. [But] everything I�ve seen so far is focused on being governor.�



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  • axp817
    03-26 03:38 PM
    If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll

    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.




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  • nojoke
    04-14 02:05 PM
    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.

    Where do you live? Give it time...



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  • StuckInTheMuck
    08-06 10:29 AM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    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 :)




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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.



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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...




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  • just_wait_for_gc
    08-11 11:53 AM
    this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
    Anyway I dont give a shit to this freak. My favourite website is no more CNN...



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  • sriramkalyan
    12-19 02:26 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 ...




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  • fcres
    08-10 01:07 PM
    since u r the primary applicant choose option 1
    I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.



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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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  • alisa
    04-07 01:23 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    You hit the nail in the head.

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

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

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




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  • purgan
    01-28 10:44 AM
    what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...




    pvadiga
    09-30 09:26 AM
    Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk

    I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer

    We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S




    Macaca
    02-25 07:01 PM
    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�
    Is this a true statement? If yes, is there a URL for it? Thanks.



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