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  • Hitech-coolie
    07-09 01:47 AM
    Hi Guys

    I am new to this forum and portal too.
    Do INS ask about previous salary stubs for i-485?
    Do they check all the paystubs till the time you subitted your application?
    Please educate me on this.

    Regards
    Hitech-coolie





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  • desi485
    08-05 11:36 AM
    This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:





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  • abcdgc
    12-27 09:20 AM
    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.

    Marphad,

    Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.





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  • mbartosik
    04-09 12:39 PM
    we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point. But it would certainly not be an issue that would be worth focusing on.

    You said it in post above -- e.g. competitive with European blue card.
    (The Blue Card is not like GC, however, comparing with UK and right to remain after a fixed 5 year period would be an argument more compelling than housing)

    Which are the most compelling arguments will also depend on the law maker's background. For some family issues are a factor, then housing can be brought into the mix with other issues like age out. However, law makers with which the family issues hold greater sway also are more likely to hold us hostage for CIR and relief for the undocumented.

    For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.



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  • shantanup
    09-29 02:33 PM
    By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

    I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

    I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

    Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

    P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.





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  • abracadabra102
    01-06 05:36 PM
    If we take out the religion from equation, Israelis and Palestines are one people. They belong to same genetic pool and lived together for hundreds of years. In fact it was an Arab Calipha who allowed jews back into israel/palestine area after jews were ejected from this area by Romans. It is a pity they ended up like Indians and Pakistanis (same genetic pool again). Having said that, it is Arab countries that screwed Palestine people after 1948 war with Israel. Israel was willing for a compromise and creation of Palestine.

    Taken from wikipedia:

    "Following the 1948 Arab-Israeli War, the 1949 Armistice Agreements between Israel and neighboring Arab states eliminated Palestine as a distinct territory. With the establishment of Israel, the remaining lands were divided amongst Egypt, Syria and Jordan. The Arab governments at this point refused to set up a State of Palestine."

    complete article with several cross references here (http://en.wikipedia.org/wiki/Palestine).

    Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.



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  • mariner5555
    04-06 06:55 AM
    Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.

    Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.
    land cannot be manufactured but look around. US has a massive excess of land compared to its population. what you say about India is correct(to some degree but there are local bubbles out there too)..US will never have that ratio of people / land. especially you don't know what the trend is going to be with the baby boomers ..will they sell their houses and live in mexico ..you never know (so cannot predict). price of land will go up over long long term (due to inflation) but in the short term it is DOWN DOWN and DOWN. if one can wait for a year then they should wait ..and if you do a analysis of costs ..renting is not throwing off yr money ..you get a place to stay (a place which has mobility, less maintenance etc). Especially if you are in banking or related sectors ..just wait ..u don't know who will collapse next.
    btw for central NJ (not familiar with that area) ..the price projection in next 5 years is still down.
    http://money.cnn.com/magazines/fortune/price_rent_ratios/
    here is another point from earlier post
    ------------
    Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.

    For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids.
    -----------





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  • BharatPremi
    03-28 03:55 PM
    Thanks for explaining the terms. You can go over 80% on the first loan but the lender will ask for PMI (Private Mortgage Insurance). Which is around 1% of the loan. To skirt around it, mortgage brokers break up the loan into first and second(80%+10%+10% down). This avoids the PMI and helps the buyer qualify for a bigger loan/house. Also PMI premiums are not tax-deductible.

    correct.



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  • gc28262
    03-24 04:01 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Thanks.
    I guess you are right. The long wait times for Indians should be one of the reason.
    The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.

    Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.





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  • prioritydate
    01-10 11:29 AM
    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.


    If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!



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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.





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  • amoljak
    08-11 09:23 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:
    Hello,

    In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx

    The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.

    The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.

    It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence



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  • NKR
    09-26 09:34 AM
    Hello there,
    highly skilled immigrants have a buying power
    Thanks

    Yes, that is why they have allowed you to keep renewing your H1s and/or EADs so that you can keep buying. They will not give you GC soon





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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

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



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  • alisa
    04-07 02:17 PM
    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?

    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.





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  • dontcareanymore
    08-05 01:58 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.

    Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.



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  • insbaby
    03-23 12:20 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.





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  • sledge_hammer
    06-05 04:33 PM
    You are right about #8. I should not have included that under "expense". But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    13k + 9k - 1k ~ 20-21k.

    So - in this example - renting would come out quite a bit ahead.

    However, in ValidIV's example buying would be superior to renting.





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  • sanju
    12-19 09:56 PM
    Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.

    Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.

    Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.

    How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.

    Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.

    The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)

    Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?

    Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.

    I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.

    But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?

    Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".


    .





    pranju
    05-29 09:00 PM
    Donot forget to send the webfax :)





    unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.



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