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  • pthoko
    07-17 01:39 PM
    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.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?





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  • gc4me
    03-25 02:05 PM
    my 2 cents about real estate ......

    Think these 3 things before buying a house

    1. Location 2. Location and 3. Location

    The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.

    Also read this news.....I guess wait 6 more months before you buy a home
    http://biz.yahoo.com/ap/080325/home_prices.html





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  • trueguy
    08-08 06:13 PM
    Guys,

    Please vote here :

    http://immigrationvoice.org/forum/showthread.php?t=20768


    It will help us determine future VB for EB3-I.

    Thanks.





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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.



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  • sw33t
    09-28 01:03 AM
    Living in the US for approx. 8 yrs, I am mentally getting ready to move back to India. Just waiting to clear my debt and then move back. I came pretty close to buying a house in summer based on EB2 dates moving in Aug. and Sept. 08 but I am glad I didn't. Luckily, I am single and can take my own decision. If I had the opportunity to vote, I would vote John McCain.

    Don't want to elaborate more but I have put up a blog entry for those of you who want to read more -

    http://www.skappy.com

    I am also exploring HSMP - Tier 1 (UK) and probably at Singapore as well (want to move closer to the shores).

    I'll definitely apply for the European Blue Card once it is ratified by the EU member nations.





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  • GotGC??
    08-07 03:20 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    Once 485 is filed you can leave and re-enter the country if you have H or L visa.

    You don't need to wait for the actual receipt.

    Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

    Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

    I understand that people have to go out on business but they are unnecessary complications that people are doing.



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  • brad_sk2
    01-06 03:03 PM
    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Dude, why don't you stop the crap comparing Palestine situation to situation in India. They are different. Hamas is terrorist organization elected by the people & so they (Hamsas) are responsible for their civilian deaths as they use civilians as shield, PERIOD.





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  • abcdgc
    12-27 01:08 AM
    Indian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.

    Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.



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  • soni7007
    08-06 10:04 AM
    Personally I think "Obviously" response was derogatory and not funny at all.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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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 .



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  • NKR
    04-14 04:21 PM
    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.

    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.





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  • nogc_noproblem
    08-06 11:40 AM
    The owner of this drug store walks in to find a guy leaning heavily against a wall.

    "What's with that guy over there by the wall?" ask the owner

    "Well, he came in here this morning to get something for his cough. I couldn't find the cough syrup, so I gave him an entire bottle of laxative." Replied the clerk.

    "You idiot!" Yelled the owner" You can't treat a cough with a bottle of laxatives!"

    "Of course you can!" replied the clerk, "Look at him; he's afraid to cough!"



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  • yibornindia
    08-05 12:11 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

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

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.





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  • satishku_2000
    05-16 05:00 PM
    A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.


    Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...



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  • puddonhead
    06-07 05:39 PM
    5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
    Reward checking accounts are your friend....
    Reward Checking Account Discussion (http://www.fatwallet.com/forums/finance/775437)


    They typically have some requirements like you may have to
    1. Make 8-12 debit card transactions a month. Automatic payments for small amounts are usually your friend here.
    2. Some of them may also need one or two direct deposits per month into the account.

    The max balance up to which they will pay this interest rate is usually 25k. If you are rich - simply open up more than one at different financial institutions.

    Right now - the rates are in the 4% range - but this is a very unusual time. I have seen rates in 6-7% range most of the time.

    And if you are worried about risk - I guess nothing in this world can beat FDIC insurance in terms of risk hedge. I don't mean to say that the US government can never go bankrupt. In fact - the current strategy to spend spend spend out of the recession increases that chance. But there is NOTHING, not even stuffing your money in your mattress (hint: inflation) - which is superior in terms of preserving your capital.





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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.



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  • StuckInTheMuck
    08-05 02:10 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"





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  • indianindian2006
    08-02 02:21 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.





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  • suavesandeep
    06-24 11:08 AM
    IMHO, It does not matter what your status in this country is. Or how much you make and all other parameters you need to consider while buying your primary residential home. If you are in the home flipping business please ignore the post.

    There is too much data out there which says housing will go down for at least another year, and will then stay flat for a long time.

    I know home is not an investment. But buying something when you know its gonna lose value just does not make sense even with all the credits + low interest rate out there. For me the most important thing is the total principal you pay to buy the home. Everything else are cheap gimmicks. Its like a car salesman saying you monthly payment for this car is only $200, but wait you will be paying this $200 for the next 10 years instead of 5. Or a Bank saying you get $50 to open an account etc. Also as others pointed out even in 2004/2005 there was enough data being floated that the housing bubble will crash, but i guess lot of people just ignored it.

    If you need a house for luxury, Go ahead and rent one for the next couple of years. Not sure why people think renting restricts them to only small apartments. I am pretty sure renting a house in today's market will be lot cheaper than buying. I am currently renting a home and very happy in it.

    Also consider that housing market is not as volatile as the stock market. So once the correction is complete it will take a long time for the appreciation curve to kick in. So timing the housing market dynamics would be different compared to the stock market.





    nogc_noproblem
    09-02 04:25 PM
    Why You Would Want To Run A Gas Station

    • You can raise prices every hour and everyone blames the government.

    • You can sell obsolete lottery tickets but it's okay--they lose anyway.

    • You always have the oldest dated milk in the cooler, and its the last one left, so they have to take it.

    • No matter what the question is from a customer, you cannot understand it.

    • You enjoy raising the prices on the pumps when these signs outside show the old prices.

    • You make sure that the receipts on the machines don't work so they have to come inside to get one and buy other items.





    Macaca
    05-18 05:23 PM
    Guilty by Association (http://www.foreignpolicy.com/articles/2011/05/17/guilty_by_association) By RACHEL BEITARIE | Foreign Policy

    On a quiet block in western Beijing where otherwise only a few retirees can be seen walking their dogs or trimming their bushes, one building is under constant and conspicuous surveillance. A plainclothes policeman stands guard before an entranceway, while another keeps watch sitting inside a small cabin.

    The unlikely object of the Chinese state's attention in this instance is Liu Xia, a painter, poet, and photographer -- and the wife of Nobel Peace Prize laureate Liu Xiaobo. Guilty by association, she has been under house arrest, with almost no contact with the outside world, since November 2010, when her husband's award was announced. No one has heard from Liu since February, and her friends are increasingly worried about her health. Still, there is no sign that the authorities are planning to relent.

    Liu's arrest underscores a peculiar aspect to the recent Chinese crackdown on political dissidents that has seen the detention of dozens of prominent activists, intellectuals, and artists. Authorities are increasingly targeting not just critics of the ruling party, but their family members, including spouses, parents, and even young children. While the dissidents gain the headlines, their relatives are punished out of the spotlight. Though the wife of jailed artist Ai Weiwei was recently allowed a visit her husband, she could be next in line to lose her freedom.

    It's a punitive strategy that seeks to exploit Chinese traditions of filial piety. For China's dissidents, family is often both a source of strength and weakness: Chinese families tend to be close and highly involved in each other lives, and they take seriously the promise to stick together through thick and thin. The government, aware of these close ties, is using them to put more pressure on activists.

    It also bears echoes of the Cultural Revolution-era, when many Chinese families were torn apart as spouses and children were forced to denounce loved ones labeled by the authorities as capitalist traitors and were sometimes forced to take part in their public humiliation. Today's China is again making a policy of manipulating familial love and devotion to suppress any political challenges.

    "One of the more troubling trends we see in recent years has been for the government to more directly involve family members," observes Joshua Rosenzweig, a senior researcher at the Dui Hua Foundation, a U.S.-based organization dedicated to improving human rights in China. "We see surveillance, constant harassment, even extended house arrests. These all happened before, but now they have become routine" -- as in the case of Liu Xia. Rosenzweig adds, "Legal procedure has become irrelevant" in the Communist Party's quest to maintain stability. Under Chinese law, there is no procedure that allows for a person to be held indefinitely under house arrest without charges or a police investigation. "To put it simply, families are being held hostage," says Rosenzweig.

    Zeng Jinyan would concur. She has been under constant surveillance and subject to frequent house arrests ever since 2001, when she met her husband, AIDS activist Hu Jia, who is now serving a three-and-a-half-year sentence for "subversion of state power." Zeng was a student when they met, and she says she never imagined her life turning out the way it did. "I thought I'll graduate, find a job, and marry. I planned on a simple life and was hoping I could have enough time and money to travel the world," she tells me in a telephone interview. But she has since become an acclaimed activist in her own right, detailing her everyday life under the party's watchful eye on her blog and Twitter account. In 2007, Time magazine included her on its list of the world's 100 most influential people. Clearly, the regime's strategy backfired in this case.

    Most families, however, don't have nearly that kind of wherewithal. Take, for example, the family of Chen Guangcheng, a blind, self-taught lawyer from Shandong province who was imprisoned for four years for his work with disenfranchised villagers and woman forced to have abortions. After his release, he was forced to live in isolation in a Shandong village, together with his wife, Yuan Weijing, and their 6-year-old daughter. Yuan is denied almost all contact to the outside world, including to her son, who she sent away to be raised by relatives so that he can attend school. In February, the couple managed to smuggle a video out of the country in which they described their plight. They were reportedly beaten and denied medical treatment after the video was posted online.

    On the phone, Zeng describes the successive levels of pressure that the government applies to her: "First of all, there is worrying about [Hu's] safety. For some time, we didn't even know where he was and what kind of abuse he was suffering. I worry about his health, about his mental situation."

    "Then there is the question of making a living and sustaining some income as a de facto single mother," she continues. (Zeng's daughter is three-and-a-half years old. Her father was imprisoned shortly after she was born). "Because of constant police harassment, I could not get a good job or start a business. For a time, I couldn't even get a nanny for my child because when I hired one, the police would threaten her and scare her away."

    Zeng says the psychological warfare she faces is brutal. Between threats and detentions, she repeatedly has to deal with the innuendo from her surveillance teams and government-sponsored neighborhood committees, which suggest there were "high-positioned" men "interested" in her and imply that she could improve her situation greatly if only she would leave her partner.

    "All this is meant to isolate me from society and to break me down," Zeng concludes. "Sometimes it works. They planted deep trauma in my heart."

    Although Zeng has chosen to join her husband in dissenting against the government, picking up where Hu was forced to leave off when he was arrested for his activism, some relatives of dissidents prefer to keep quiet. Still others try to actively distance themselves from activism, sometimes going so far as to move to an entirely new city or even to file for divorce. That's what happened in the case of Yang Zili, a social commentator who was imprisoned for eight years in 2001 for organizing a discussion group on political issues. His wife at the time, Lu Kun, petitioned several times on his behalf, took care of his defense and finances, and visited prison when allowed, but eventually moved to the United States. The couple divorced after Yang was released in 2009. Yang says he understood her decision. "It is just too much pressure, being the wife of a dissident in China; it's a fate many prefer to avoid," he says. Still, Lu's choice also made Yang's life more difficult: the last couple of years of his prison term he was held in almost complete isolation, with no family visits at all.

    "Tactics are definitely designed to put pressure on those who contemplate political activism," Rosenzweig explains. "It is one thing to be willing to confront authorities or even go to jail, and another thing to know your family will suffer. This doesn't always deter everyone from speaking up, but it is a factor dissidents take into account." Liu Xiaobo, the Nobel laureate, referred to this factor in addressing his wife in a speech before the court that sentenced him -- after a speedy trial that Liu Xia was not allowed to attend -- to 11 years in prison: "Throughout all these years ... our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin.... My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight," Liu said.

    Wives (and in some cases husbands) are not the only ones who earn the attention of the state: Zeng's parents, who live in Fujian province, receive frequent police visits, while her in-laws in Beijing were put under house arrest several times. In another case, the elderly parents of an activist were threatened by the local police in their small town and were then rushed to Beijing so that they could pressure their son to stop his involvement in human rights organizations. A Shanghai lawyer, Li Tiantian, reported in February that her boyfriend was threatened that he'll be dismissed from his job on account of her activism. Li has since been taken into police custody.



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