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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

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  • Dhundhun
    08-05 06:43 PM

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.


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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..

    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.

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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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  • PD_Dec2002
    07-07 10:01 PM
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    So you got called for an interview?


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  • Tito_ortiz
    01-03 10:23 PM
    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.

    Wrong. First iraq war is not war against terrorist.
    Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
    Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
    I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.


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  • Marphad
    12-17 09:39 PM
    Someone gave me red in extremely bad language on my mother that I can not even copy and paste here. This is really bad. It you have guts come and talk to me. Don't write bad words on my back.

    I am not concerned about red, the language was worse than uncultured.

    I am really upset with the language. Admins can read the comment if they wish.

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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  • xyzgc
    12-27 12:04 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    They will figure it out. You too, Beemar, well-said.

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  • Pineapple
    12-24 03:21 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.


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  • NKR
    03-25 02:13 PM
    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.

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  • apt29
    08-05 03:14 PM
    The whole notion of EB2/EB3 was introduced before bigtime arrival of IT industry. In IT, the difference in job requriements between the EB2 and EB3 are thin and vague. Hence the confusion. It is possible that some EB3 folks applied, so there was risk of denial at that time(1998-2003) even with BS+5 years experience and IT industry is just catching up. So a lot folks, who waited to applied later (2004-) went for EB2.


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  • hiralal
    06-23 10:17 PM
    I don't believe the housing market slump will last more than 3 years!

    Echo boomers a lifeline for embattled U.S. housing | Reuters (

    the slump may last 2 years atleast (i.e. prices falling) ...there maybe extended period of stagnant prices (2 - 3 more years)..every year that the prices don't rise is a loss ..when you take inflation into account (this is strictly from investment point of view).
    the article talks only about support to housing does not say that there will be huge opposing factor of baby boomers selling their homes (and going for rentals -- this explains why builders are building more rental units) or going to their grave.
    Immigration is the unknown factor but quality of immigrants will matter too ...
    as for buying a house in california friend who has a townhome in bay area says that his advice to anyone who wants to come to california is ..DON'T COME HERE ..let alone buy a house ..since state is almost bankrupt ..taxes are rising, school size increasing etc makes more sense to rent, make money and get out of california

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  • Ramba
    01-29 10:06 PM
    Interesting to watch this video. How CNN and Lou is propagating false information and not airing how H1B system works. They think viewers are idiot. It may be true that USCIS might have approved more than mandated numbers. It does not matter. Even they can approve 1 million H1B petition. But everyone has forget one thing. One must verify how many actual new H1B visas are issued by the consulates (DOS) based on approved petitions and how many adjusted to H1B status from other non-immigration status in US. There are so many H1B visas denied by the consulates. CNN do not air that.

    Furthermore, there are so many cases in which more than 1 employer might have applied H1B visa for same person. It is legal. Finally the guy come to US thro one employer. Other approved petions are wasted in this case. They can not do labor subsitution in H1B like in GC.

    CNN is smartly hiding the actual facts.


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  • tanu_75
    07-28 03:52 PM
    dont ever ever dare to compare India and USA.

    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.

    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue.

    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.

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  • Macaca
    05-16 05:51 PM
    Future Tense
    Are the United States and China on a collision course? (
    By Aaron Friedberg | The New Republic

    In October 2008, a month after the collapse of Lehman Brothers�with the United States�s financial system seemingly about to buckle and Washington in desperate need of cash to prevent a total economic collapse�a State Department official contacted his Chinese counterpart about China buying U.S. securities. To his surprise, the Chinese, who had previously displayed an insatiable appetite for U.S. Treasury bills, suddenly balked at lending a hand. The reason, the Chinese official said, was the recent announcement of an impending sale of U.S. armaments to Taiwan.

    This not-so-subtle threat, detailed in a memo released by Wikileaks, turned out to be a bluff, but it signaled a striking shift in the tone and content of Chinese foreign policy. Over the course of the past two years, Beijing has adopted a more assertive posture in its dealings with Washington, as well as with many of America�s allies in Asia. Among other things, China has threatened for the first time to impose sanctions on U.S. companies involved in arms sales to Taiwan; intensified its claims to virtually all of the resource-rich South China Sea; and conducted its largest-ever naval exercises in the Western Pacific.

    America�s �China hands� have long attributed any tensions between the two countries to misunderstandings or readily correctable policy errors. But with the passage of time it has become increasingly apparent that the differences between China and the United States spring from deeply rooted sources and aren�t likely to be resolved anytime soon. Indeed, as recent events suggest, it appears that the two nations are in for a long, tense, perhaps even dangerous struggle. And, most disconcerting of all, it�s a struggle in which, at least for the moment, China seems to be gaining the upper hand.

    If you look back over the last 2,500 years�from the days of Athens and Sparta through the cold war�there has inevitably been mistrust, rivalry, and often open conflict between leading global powers and rising states that seek to displace them. In these scenarios, the leading power has wanted to preserve its privileges, while fearing that emerging challengers would seek to overturn the international order that it dominates. Rising powers, for their part, chafe at hierarchies of influence that were put in place when they were relatively weak.

    Much of the tension in today�s U.S.-China relationship is a reflection of this familiar dynamic. But this tension is exacerbated by an additional factor that has only sometimes been present in great power rivalries of the past: deep ideological differences. One often hears it said that, because China is no longer truly a communist country, ideology has ceased to be a factor in its relations with the United States. This misses the point. Today�s Chinese leaders may no longer be anti-capitalist Marxists but they govern as Leninists and, as such, are determined to preserve the Communist Party�s exclusive monopoly on political power. China�s rulers see the United States as intent on spreading its brand of democracy to every corner of the earth. For their part, the American people continue to eye with suspicion a regime they see as repressive and autocratic. Ideology may not be sufficient, in itself, to provoke conflict between the United States and China, but it aggravates and amplifies the geopolitical tensions between the two.

    This backdrop of great power rivalry and sharp ideological disagreement helps to explain U.S. policies toward China and Chinese policies toward the United States. In contrast to the cold war strategy of containment, America�s strategy for dealing with China has never been codified in official documents or given a name. But over the past two decades, roughly the same strategy has been employed by both Republicans (Bush 41 and Bush 43) and Democrats (Clinton and now Obama). Broadly speaking, the aim has been to discourage Beijing from seeking to challenge America�s interests and those of our allies in Asia, while at the same time nudging China toward democracy. To accomplish these ends, American policymakers have employed a dual approach. On the one hand, they have sought extensive economic and diplomatic engagement with China. The hope has been that these interactions will �tame� China by giving it a stake in the existing international order�and, over the long run, encourage the growth of a middle class and the spread of liberal values, thereby pushing the country gently and indirectly down the path toward democracy. At the same time, Washington has worked to preserve a balance of power in East Asia that is favorable to its interests and those of its allies. This began in earnest following the Taiwan Straits crisis of 1995-1996, when Beijing test-fired missiles in an attempt to influence the outcome of Taiwanese elections, and the Clinton administration dispatched two aircraft carriers in response. Since then, the United States has taken steps to strengthen its military capabilities in the region, while solidifying bonds with partners old (South Korea, Japan, Australia) and new (India).

    China�s strategy for dealing with the United States developed somewhat more deliberately. In the wake of Tiananmen Square and the collapse of the Soviet Union, China�s leaders recognized that the previous rationale for cooperation with the United States no longer applied. They feared that, having toppled one communist giant, the Americans would turn their attention to the other. Surveying the scene in 1991, Deng Xiaoping circulated a brief memo to his top party colleagues. The essential message of the so-called �24 Character Strategy� was that China had little choice but to �hide its capabilities and bide its time.� That meant avoiding confrontation with other states, especially the United States, while working to build up all aspects of its power�economic, military, technological, and political.

    Recently, Chinese foreign policy has taken on a more assertive tone; but its overall aims have not changed much in two decades. Above all, the current regime wants to preserve indefinitely the Chinese Communist Party�s grip on political power; it seeks, in effect, to make the world safe for continued CCP rule. In part for this reason, China�s leaders want to restore their country to its place as the preponderant regional power. This requires reducing the influence of the United States in East Asia, constricting its presence, and perhaps eventually extruding it from the region. Chinese officials allude to this objective with varying degrees of subtlety. When I worked in the Bush administration from 2003 to 2005, I had several conversations with Chinese diplomats in which they said, almost in passing, that, while the United States might be a Pacific power, it was, of course, not an Asian power. Rather more bluntly, in 2007, a Chinese admiral reportedly told his American counterpart that their two countries should divide the Pacific between them, with China taking everything west of Hawaii.


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  • waitnwatch
    08-05 05:22 PM
    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.

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  • dixie
    05-24 11:59 AM

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    if you think he is only against INCREASING H1-B visas, but is happy with you and I continuing here on that visa and go on to get GCs, then you are fooling yourself. He is the one primarily responsible for spreading the myth that H1-B workers pay no taxes.To this day, my co-workers openly envy me , because I supposedly dont pay any taxes !!!

    If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.

    The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.

    And by the way, I dont see anything wrong in increasing H1-B visas .. after all most of us are here on that visa .. if there is a market demand for them, I see no rational in depriving american employees from hiring foreigners legally. By that logic, are we going to oppose increasing EB green cards once we get our own?? Thats plain hypocrisy.

    Nobody riles me more than lou dobbs .. not tancredo, not sessions, not even FAIR. Because, unlike his worthy friends, he has access to idiot boxes all around america on a daily basis.

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  • nojoke
    01-04 04:22 PM
    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

    See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? 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. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.

    01-07 10:49 AM
    Satan (Lucipher) is trying to take people from god. He will not repent. He is taking more followers every day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.

    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time boomers will start selling their homes once prices stop falling supply is massive and less demand ..