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  • ArkBird
    05-01 01:42 PM
    By the way what is the actual status of this bill?





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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.





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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers





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  • alisa
    01-04 05:35 PM
    No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again.
    Then you would probably be right, that this is the active policy of Pakistan, and I would probably be wrong, that these are non-state actors that are the remnants of the past.



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  • gc_bucs
    05-31 05:28 PM
    Lou's opinioins are well known. He's ripped every one across the spectrum.
    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the crazy man's column here:

    The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)





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  • nogc_noproblem
    08-06 11:53 AM
    A man went into the proctologist's office for his first exam.

    The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.

    A tube of K-Y jelly; A rubber glove; and A beer.

    When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"

    At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......

    Dam it Helen! I said a BUTT LIGHT



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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.





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  • malaGCPahije
    07-14 10:33 AM
    Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

    Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

    I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.

    Delax,

    please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.

    I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.

    You and other EB2 people dates are current. Enjoy your GC. Best of luck.



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  • mbartosik
    04-08 10:40 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    I often call the British "mortgage slaves", that was actually a factor in my move here. I could see people putting every penny they earned into their mortgages. When my parents bought their house 35 years ago, you had to put a hefty deposit down. After the housing crunch of the early 1990's which really killed off the economy (largely because people could not move to where the jobs were because of negative equity). I saw the same happening there again. Even being well paid in the UK does not mean that you can afford more than a cardboard box. Whenever interest rates drop there, housing prices shoot up, I considered an interest rate drop to be a disaster. The majority of the population thought that high house price inflation was great, but didn't consider that either the bubble must burst or their children will never be able to afford a house. People just pay the same percentage of salary into mortgage when interest rates are low, so prices go up. In the UK fixed rate loans are not the norm like here, more normal would be a 35 year variable rate loan (up from 25 years in 1980's). So when interest rates go up people are crippled. I see the UK economy as being underpinned by the emperor's clothes. People get 35 year variable rate mortgages for 125% of value on a salary when they can barely cover interest let alone capital, if one of them (assuming couple - because single cannot afford house) loses job they are screwed.

    In the UK a house I could afford would be about 1000 sq ft. Here my house is 1800 sq ft (nicely sized but not McMansion), and net zero energy -- with a huge amount of solar power and ground source heat pump heating http://tinyurl.com/2jzbfq

    Then around 2002 I saw the same starting to happen here. I must have brought the British disease here with me!! :eek:
    I should have been quarantined :eek:

    So other than a rant what's my point:
    * Buy something that you can afford, without becoming a mortgage slave.
    * Buy something that you really like.
    * Buy something that you are prepared to live in for a long time.
    * Think of your house as your home, not an investment (or at least a very long term investment -- like 10 years plus).
    * Use the down housing market to your advantage to find something that you really like (without over extending yourself).
    * You decide what you can afford, but the bank or Mortgage broker. Mortgage broker tried to tell me that I could afford more, I told him where to go, I want to live not just pay mortgage. I would recommend not going above x3 salary or x2.5 for a couple.

    If you think this way market timing is less of an issue. It is hard to judge the market timing just right in any market.

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).





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  • fide_champ
    04-06 06:26 AM
    Fide_champ,

    I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

    USDream2Dust

    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.



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  • mrane1
    04-07 02:45 AM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!

    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?





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  • Macaca
    12-23 11:04 AM
    'D' in Democrats means Do-Nothing (http://www.mercurynews.com//ci_7792528?IADID=Search-www.mercurynews.com-www.mercurynews.com) BUSH, REPUBLICANS GET THEIR WAY ON MOST ISSUES DESPITE VOTERS' MANDATE TO CHANGE DIRECTION Mercury News Editorial, 12/23/2007

    When the Democrats won control of Congress a year ago, they promised bold new leadership. Things would change, they said. They had a mandate.

    But they didn't have the votes to stand up to veto threats by Bush and filibusters by Senate Republicans. They didn't have the bold new leadership, either. A year later, Congress is lamer than the lame-duck president.

    On the Democrats' No. 1 issue, the war in Iraq, it's been a year of defeat and surrender. They were going to "bring the troops home." Instead, President Bush sent more troops to Iraq. The "surge," coupled with a new counter-insurgency strategy, has led to a sharp decline in military and civilian deaths. All attempts to link war funding to a withdrawal timetable fizzled. Giving up completely, Congress passed $70 billion in no-strings war funding before the Christmas recess.

    Democratic leaders blame their impotence on Bush's obstinacy. Bush didn't compromise. He didn't have to.

    Democrats talked about limiting the excesses of the Patriot Act, banning cruel CIA interrogation tactics and closing the Guant�namo Bay internment camp. Didn't happen.

    Instead, Congress authorized warrantless surveillance for six months by passing the Protect America Act before the August recess. Democrats were forced to push discussion on making the surveillance rules permanent into January. Bush will likely win this one, too.

    After months of wrangling, Congress approved an omnibus budget bill that gave Bush the spending levels he wanted.

    Promising fiscal discipline, the Democrats vowed to pay for any tax cuts with tax increases elsewhere or spending cuts. That "pay as you go pledge" was put aside to pass a popular bill protecting 23 million middle- and upper-middle-class taxpayers from paying $2,000 extra under the alternative minimum tax. Since the tax was originally designed to prevent the super-rich from using tax shelters, conservative Democrats tried to close tax shelters used by super-rich hedge-fund managers to cover the $50 million revenue loss. They lost.

    Congress made baby steps toward fiscal discipline by trimming "earmarks" for pet projects by 25 percent from 2006, estimates Taxpayers for Common Sense. But legislators OK'd more than $15 billion for more than 11,000 pork-barrel projects.

    President Bush didn't win them all: Social Security reform went nowhere, reauthorization of No Child Left Behind was postponed to 2008 and he couldn't rally enough Republicans to pass a complex and controversial immigration bill.

    But this wasn't supposed to be his year. The triumphant Democrats made big promises a year ago, but delivered modest results. Democrats increased the minimum wage, enacted the Sept. 11 commission's recommendations into law and expanded student loans.

    Most notable was the energy bill, which included the first increase in fuel efficiency standards for cars and light trucks in 32 years.

    However, Democrats dropped plans to repeal tax breaks for oil companies and require more use of alternative energy. Bush insisted. Congress caved.

    On other issues, Congress acted and Bush vetoed. Congress expanded health insurance for children and approved federal funding for stem cell research, but couldn't overcome Bush's "no" vote.

    Stymied repeatedly, Congress saw its approval ratings fall to record lows. When you're less popular than George W. Bush, you're pretty darned unpopular.

    "I don't approve of Congress, because we haven't . . . been effective in ending the war in Iraq," House Speaker Nancy Pelosi of San Francisco told reporters in response to the polls. "And if you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    2008 will be a year of partisan politics. No doubt Republicans will run against the do-nothing Congress. That could backfire. Democrats will tell voters that if they want Democratic policies - and most people tell pollsters they do - they need to put a Democrat in the White House in 2008.

    For the next 11 months we can expect more of the same from the lame duck and lamer Congress.



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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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  • ThinkTwice
    09-26 02:32 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.


    Good Companies provide private insurace. Both we and my wife have offers from companies in London and have Private Insurance in our Benefits package.



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  • heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?





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  • zxcvb
    07-17 11:05 PM
    Does any one knows the answer to this?

    Thanks



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  • Refugee_New
    01-06 12:57 PM
    And look at what India is going thru. Each and every year, bomb blasts in multiple cities.

    There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.

    I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.

    Or are you saying that they love killing people?

    If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?





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  • Marphad
    12-18 12:10 PM
    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.

    Well said!





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  • Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.





    NKR
    07-14 03:52 PM
    ---------------------------------------------------------------------------
    I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.


    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.





    stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.



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