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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

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

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

    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."




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  • nojoke
    04-21 04:19 PM
    The trillion-dollar mortgage time bomb

    http://money.cnn.com/2008/04/21/news/economy/fannie_freddie/index.htm?section=money_mostpopular




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  • brshankar
    08-05 10:27 PM
    Rolling Flood,

    There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.

    The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.

    Please dont make this a big deal. Nothing is perfect, we can find fault in everything.

    To my fellow IV members,

    Lets not fight. We need each other to win this battle. Lets win it together.

    Thanks




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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.

    RCUBxgdKZ_Y



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  • nojoke
    04-14 03:18 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.

    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused: It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D. Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".




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  • Macaca
    12-28 06:33 PM
    India asserting its interests vis-a-vis China (http://search.japantimes.co.jp/cgi-bin/eo20101228a2.html) By Harsh Pant | Japan Times

    India hosted Chinese Premier Wen Jiabao earlier this month in an attempt to stabilize Sino-Indian ties, which have undergone great turbulence the past two years.

    There was no dearth of warm words during the visit: Wen, in a lecture in New Delhi, invoked Mahatma Gandhi as "a man of love and integrity" who "has always lived in my heart." He stressed that although Sino-Indian relations have experienced major turns, they were only a short episode in a 2000-year history of friendly bilateral exchanges.

    Indian External Affairs Minister S.M. Krishna reciprocated by suggesting that the two nations do not see any contradiction in each other's rise and that both understand the importance of leveraging growth and development with mutual cooperation.

    As in the past, economic ties ended up being the focus of the visit. The two sides have now set a target of $100 billion in trade expansion by 2015 from the present $60 billion. Wen had come to India with a group of around 300 Chinese executives; business deals worth about $16 billion were signed. But there was no progress on the regional trade agreement as India remains concerned about its growing trade deficit with China.

    China did not concede to India on any major issue while India decided to play hardball on various issues of importance to China. Wen, for example, refused to acknowledge Indian concerns over China's issuance of stapled visas to the residents of Jammu and Kashmir, the growing Chinese presence in Pakistan-occupied Kashmir, and anti-India terrorist groups operating from Pakistan. Unlike other major powers, China has refused to unambiguously demand that Pakistan shut down the terrorist infrastructure on its soil.

    For its part, India this time refused to explicitly state that it recognizes the Tibet Autonomous Region as part of the Chinese territory.

    There was little movement on a range of concerns that India had flagged before the visit. India had expressed concerns about Beijing damming rivers like the Brahmaputra as well as the nontariff trade barriers to Indian companies in China. India remains keen on gaining access to Chinese markets, especially in the area of pharmaceuticals, information technology and engineering goods.

    Despite the lackluster nature of Wen's India trip, the newfound robustness in India's China policy in recent months is rather striking. After trying to push significant differences with China under the carpet for years, Indian decision-makers are being forced to grudgingly acknowledge that the relationship with China is becoming more contentious.

    India has adopted a harder line on Tibet in recent weeks by making it clear to Beijing that it expects China to reciprocate on Jammu and Kashmir just as India has respected Chinese sensitivities on Tibet and Taiwan.

    Ignoring pressures from Beijing, India decided to take part in the Nobel Peace Prize ceremony for Chinese dissident Liu Xiaobo in Oslo. Beijing had asked several countries, including India, to boycott the ceremony, describing the prize as open support for criminal activities in China. India was among the 44 states that did participate; Pakistan, Russia, Saudi Arabia, Iran and Iraq were among the nations that did not attend. There were rumors that Wen might cancel his India trip in response.

    India's challenge is indeed formidable as it has not yet achieved the economic and political profile that China enjoys regionally and globally. But it gets increasingly bracketed with China as a rising power, emerging power or even a global superpower. India's main security concern is not the increasingly decrepit state of Pakistan but an ever more assertive China, which is widely viewed in India as having a better ability for strategic planning.

    Indian policymakers, however, continue to believe that Beijing is not a short-term threat to India but needs to be watched over the long term even as Indian defense officials increasingly warn in rather blunt terms about the disparity between the two Asian powers.

    India's naval chief has warned that India has neither "the capability nor the intention to match China force for force," while the former Indian air chief has suggested that China poses more of a threat to India than Pakistan.

    It is certainly in the interest of both India and China to stabilize their relationship by seeking out issues on which their interests converge. But strategic problems do not necessarily make for satisfactory solutions merely because they are desirable and in the interest of all.

    For a long time, India was not very important in China's foreign policy calculus, and there was a general perception that India could be easily pushed around. New Delhi's own actions also cemented a perception in China that it was easier to challenge Indian interests without incurring any cost.

    New Delhi's latest robustness in its dealings with Beijing should, therefore, be welcomed insofar as it clarifies certain red lines that remain nonnegotiable.

    Harsh V. Pant teaches at King's College London


    Asia's Busy 2010 in Review (http://www.realclearworld.com/articles/2010/12/28/asias_busy_2010_in_review_99328.html) By Todd Crowell | RealClearWorld
    Emerging Powers and Cooperative Security in Asia (http://www.rsis.edu.sg/publications/WorkingPapers/WP221.pdf) By Joshy M. Paul | S. Rajaratnam School of International Studies



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  • puddonhead
    06-26 07:57 PM
    FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).




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  • Marphad
    12-17 03:31 PM
    People:

    I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked

    I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).



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  • LostInGCProcess
    09-29 12:36 PM
    After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.

    Cheers.:)




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  • Marphad
    01-08 03:35 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I respect all your posts. This time you seem like getting hyper ;)



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  • sumanitha
    12-19 03:04 PM
    Actually I am not against any religion

    Today science has found out that the Earth is 4.5 billion years old. None of the religious book says story about Dinosaurs (Yes all the hippocrats of their religion will intrepret some wordings and make beautiful meanings out of it and will say it has already been quoted.. I have heard enough lectures on that and since you wont know the meaning of the actual word they will play with those words.. )

    I was actually amazed with the way every religious scholor tries to interpret the way they have said about the age of Earth.. How smartly people make use of one year is equal to 1 million year or whatever accordingly and try to bring the result of 4.5 billion years per their Religious versus which says 2000 to 5000 years.. man it is amazing..

    People's vision are covered with a glass called religion.. you need to take that out and see this beautiful world without it.. That will cure lot of problems..

    Dont come and say to me that the more knowledge in science will take you close to religion..

    I accept I have very little knowledge in Science but I admire it and I am thankful to it for all of its discoveries and inventions..

    Tell me one good thing about religion.. I can talk thousands of good things about science ..(Dont cite examples that Science creates lot of bad things.. people use it in a wrong way .. )


    Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology

    Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.

    They would not have preached the following:
    WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
    -- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
    or
    INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
    -- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
    Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.

    Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.




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  • thakurrajiv
    04-06 09:01 AM
    USDReam2Dust,

    Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.

    I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
    Being a very big ticket item, housing correction takes time. Take stock market typical cycle and multiply it by 10 !!
    Right now, some people are jumping in by seeing good combination of low rates and lower prices than 2005 ( BTW which is 200% in real terms from 1999). People still think there is one part of RE which will not suffer which is Good school area. Let me tell you it is just matter of time. Remember the people living in these areas are well off. So they will be last to get affected. Most of these people are at higher positions in their jobs or businessman. What happens when they get laid off ? What happens when businessmen income reduces by half ?
    I agree that good areas will be last ones to get affected but they will definitely be. We just need to wait for lay offs to happen, salaries to go down (which is known as recession )etc etc .....



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  • Macaca
    02-13 09:42 AM
    Lobbying and Legislation: Enacting Better Laws (http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html) (courtesy krishna.ahd)

    After you lay the foundation for your legislative efforts and assess the political landscape, your goal is to convince legislators to accept your position. Some activities, such as proposing legislation or amendments, meeting with legislators and their staff, and testifying at hearings, occur inside the halls of the legislature; other actions, such as letter writing, public demonstrations, and working with the media, are initiated outside the legislature to build public pressure and urge legislators to come over to your side. Always coordinate your actions inside and outside of the legislature to make sure you are consistent and achieve maximum effect.

    Write letters, send faxes and e-mails, and phone legislators. Letters are definitely worth the time. Legislators know that each letter they receive represents several additional constituents who feel the same way but have not taken the time to write. That�s why, in addition to writing your own letter, you should get your partners and allies to write letters as well.

    Be clear and concise. Keep your letter to one page, at most two, and address only one issue per letter, if possible. Clearly identify the bill you are writing about and the position you are urging (vote yes or no). Make two or three of your strongest arguments for or against the proposed legislation. Remember: Legislators receive many letters on many different issues; your letter should be easy to read and understand if you want any chance of grabbing their attention.
    Identify yourself and your constituency. Say something about who you are and whom you represent; you want the legislator to understand that you are someone she or he should listen to. Give an example of a personal story�preferably from the legislator�s district�that shows how the bill affects real people and that the problem is not just an isolated incident. Legislators hear about what�s good and bad policy all the time; real-life experiences grab their attention.
    Avoid using form letters whenever possible. Avoid them altogether if you cannot deliver extraordinary volume. Personal individually signed letters are far more effective. When you are soliciting letters from partners and allies, provide a sample with a request that they use it as a guide to writing a letter in their own words.
    While letters tend to be most effective, you can also fax, phone, and e-mail your legislators. Usually, you use e-mails, faxes and phone calls right before a bill is coming up for a vote to remind legislators of the importance of their vote to you. If you are planning to organize a fax, phone, or e-mail chain, in which your partners and allies ask their constituents and supporters to take action, be sure to provide the contact information for the appropriate representative because the most effective contacts are those that come from legislators� own constituents. For more on e-mail advocacy see the Internet Advocacy section.

    Meet with legislators. Face-to-face contact with legislators is key to humanizing the problem, demonstrating a commitment to solving it, and developing relationships for the long haul.

    Organize a small, diverse group of participants, perhaps three to five people. Make sure at least some of them reside in the legislator�s district.
    Select your best spokespersons and message. Choose someone who will appeal to the legislators you are trying to persuade.
    Decide ahead of time how you will conduct the meeting. Who will introduce the participants? Lead the meeting? Close the meeting? What materials will you take to leave with the legislator at the end of the meeting?
    Get to know legislators� staff. Legislators often rely heavily on the advice of key staff members. It is important to establish a good relationship with these staff members, make sure they have adequate information about your legislation, and try to learn from them any concerns you may need to address to keep your legislation moving forward. The staff will be your main point of contact if a legislator is unavailable or inaccessible.
    For more tips on meeting with legislators, such as scheduling, preparing for, conducting, and following up after the meeting, see Tips on Meeting with Your Elected Officials (http://archive.aclu.org/action/lobby.html), and �Six Practical Tips on How to Lobby Your Legislator or Elected Official (http://www.democracyctr.org/resources/lobbying.html)� in Lobbying�the Basics.

    Testify at hearings. This is not one of those times when you can wing it! Always be prepared before you give testimony on pending legislation.

    Get a rough vote count of how legislators are likely to vote before you attend the hearing and try to find out about outstanding issues and concerns. Having this information will help you choose the best witnesses, know what points you need to emphasize in your testimony, and consider amendments you may need to offer or agree to.
    Choose witnesses who will be credible and effective. Put together a combination of people directly affected by the legislation, experts, and individuals and organizations that represent legislators� constituents.
    Write out your testimony in advance so that it is clear, concise, and persuasive. Include personal stories whenever possible to show how the issue affects real people. Prepare a summary of your testimony for distribution at the hearing to legislators, the media, and other attendees. Anticipate questions legislators might ask and plan how to respond.
    Pack the legislative chambers with supporters and call the media. Wear buttons, T-shirts, or other identifying items to show legislators and the media the strength and presence of your support in the hearing room.
    Have legislators who support your cause ask your opponents tough questions and make supportive statements on your behalf. You could offer to draft a list of questions or key points that you would like them to cover. Discuss in advance amendments that may be offered and the bottom line for any compromises.

    Staging public protests or other public events. Consider organizing an event that energizes and mobilizes large numbers of supporters and captures legislators��and media�attention.

    Public protests can sometimes turn up the heat on lawmakers to vote your way or at least think twice about siding with the opposition.
    Holding a Lobby Day is an opportunity to mobilize large numbers of people to meet with multiple legislators in one day to show your legislative power and gain media attention. The day usually begins with training in lobbying skills and a teach-in on your issues, followed perhaps by a rally and news interviews, a couple of hours of meetings with legislators, and an end-of-day debriefing session for supporters.

    Ignite Public Scrutiny. Elected officials care about their public image. They want to be portrayed favorably in the news. Develop a media strategy around your legislation that includes news conferences, letters to the editor, writing opinion editorials, or other media strategies that will put your issue in the public eye, maintain public scrutiny throughout the legislative process, provide a vehicle for keeping pressure on elected officials, turn up the heat on those who are against you, and applaud those who stick with you. For more tips on developing a media strategy see the Media Advocacy section.
    Be persistent. Lobbying campaigns rarely come to a definitive end.

    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.
    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.




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  • NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�



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  • gc_on_demand
    09-26 12:41 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.

    My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!




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  • abcdgc
    12-27 12:27 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?



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  • spbpsg
    03-24 12:54 PM
    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 bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.

    I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.




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  • bfadlia
    01-10 02:56 AM
    Again I beg to differ. Britishers gave land to Israel, Egypt and Jordan. Why should only Israel be responsible? Where will they go? Why not Egypt and Jordan? Secondly, I have children and I am also terrified by the pictures of brutal massacre but think about this. If those who want to kill my children is hiding among women and children what choices do I have? be "civil" and let them kill our children or attack and kill them?

    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html




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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .




    Munna Bhai
    07-08 07:47 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    What made them to ask paystub for during 2000 and 2001?




    Rolling_Flood
    08-05 09:27 PM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).


    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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