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  • miguy
    02-07 02:21 PM
    I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?

    All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
    My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
    Then you can go online and ensure that it's valid and the dates match.
    Good Luck,





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  • GCBy3000
    05-18 09:22 AM
    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.





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  • ash0210
    11-21 07:06 PM
    gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.





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  • msyedy
    12-13 01:29 PM
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents



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  • alkg
    08-13 08:41 PM
    see the paragraph in bold letters.................

    Greenspan Sees Bottom
    In Housing, Criticizes Bailout
    August 14, 2008
    WASHINGTON -- Alan Greenspan usually surrounds his opinions with caveats and convoluted clauses. But ask his view of the government's response to problems confronting mortgage giants Fannie Mae and Freddie Mac, and he offers one word: "Bad."
    In a conversation this week, the former Federal Reserve chairman also said he expects that U.S. house prices, a key factor in the outlook for the economy and financial markets, will begin to stabilize in the first half of next year.
    "Home prices in the U.S. are likely to start to stabilize or touch bottom sometime in the first half of 2009," he said in an interview. Tracing a jagged curve with his finger on a tabletop to underscore the difficulty in pinpointing the precise trough, he cautioned that even at a bottom, "prices could continue to drift lower through 2009 and beyond."
    A long-time student of housing markets, Mr. Greenspan now works out of a well-windowed, oval-shaped office that is evidence of his fascination with the housing market. His desk, couch, coffee table and conference table are strewn with print-outs of spreadsheets and multicolored charts of housing starts, foreclosures and population trends siphoned from government and trade association sources.
    An end to the decline in house prices, he explained, matters not only to American homeowners but is "a necessary condition for an end to the current global financial crisis" he said.
    "Stable home prices will clarify the level of equity in homes, the ultimate collateral support for much of the financial world's mortgage-backed securities. We won't really know the market value of the asset side of the banking system's balance sheet -- and hence banks' capital -- until then."
    At 82 years old, Mr. Greenspan remains sharp and his fascination with the workings of the economy undiminished. But his star no longer shines as brightly as it did when he retired from the Fed in January 2006.
    Mr. Greenspan has been criticized for contributing to today's woes by keeping interest rates too low too long and by regulating too lightly. He has been aggressively defending his record -- in interviews, in op-ed pieces and in a new chapter in his recent book, included in the paperback version to be published next month. Mr. Greenspan attributes the rise in house prices to a historically unusual period in which world markets pushed interest rates down and even sophisticated investors misjudged the risks they were taking.
    His views remain widely watched, however. Mr. Greenspan's housing forecast rests on two pillars of data. One is the supply of vacant, single-family homes for sale, both newly completed homes and existing homes owned by investors and lenders. He sees that "excess supply" -- roughly 800,000 units above normal -- diminishing soon. The other is a comparison of the current price of houses -- he prefers the quarterly S&P Case Shiller National Home Price Index because it includes both urban and rural areas -- with the government's estimate of what it costs to rent a single-family house. As other economists do, Mr. Greenspan essentially seeks to gauge when it is rational to own a house and when it is rational to sell the house, invest the money elsewhere and rent an identical house next door.
    "It's the imbalance of supply and demand which causes prices to go down, but it's ultimately the valuation process of the use of the commodity...which tells you where the bottom is," Mr. Greenspan said, recalling his days trading copper a half century ago. "For example, the grain markets can have a huge excess of corn or wheat, but the price never goes to zero. It'll stabilize at some level of prices where people are willing to hold the excess inventory. We have little history, but the same thing is surely true in housing as well. We will get to the point where there will be willing holders of vacant single-family dwellings, and that will no longer act to depress the price level."
    The collapse in home prices, of course, is a major threat to the stability of Fannie and Freddie. At the Fed, Mr. Greenspan warned for years that the two mortgage giants' business model threatened the nation's financial stability. He acknowledges that a government backstop for the shareholder-owned, government-sponsored enterprises, or GSEs, was unavoidable. Not only are they crucial to the ailing mortgage market now, but the Fed-financed takeover of investment bank Bear Stearns Cos. also made government backing of Fannie and Freddie debt "inevitable," he said. "There's no credible argument for bailing out Bear Stearns and not the GSEs."
    His quarrel is with the approach the Bush administration sold to Congress. "They should have wiped out the shareholders, nationalized the institutions with legislation that they are to be reconstituted -- with necessary taxpayer support to make them financially viable -- as five or 10 individual privately held units," which the government would eventually auction off to private investors, he said.
    Instead, Congress granted Treasury Secretary Henry Paulson temporary authority to use an unlimited amount of taxpayer money to lend to or invest in the companies. In response to the Greenspan critique, Mr. Paulson's spokeswoman, Michele Davis, said, "This legislation accomplished two important goals -- providing confidence in the immediate term as these institutions play a critical role in weathering the housing correction, and putting in place a new regulator with all the authorities necessary to address systemic risk posed by the GSEs."
    But a similar critique has been raised by several other prominent observers. "If they are too big to fail, make them smaller," former Nixon Treasury Secretary George Shultz said. Some say the Paulson approach, even if the government never spends a nickel, entrenches current management and offers shareholders the upside if the government's reassurance allows the companies to weather the current storm. The Treasury hasn't said what conditions it would impose if it offers Fannie and Freddie taxpayer money.
    Fear that financial markets would react poorly if the U.S. government nationalized the companies and assumed their approximately $5 trillion debt is unfounded, Mr. Greenspan said. "The law that stipulates that GSEs are not backed by the full faith and credit of the U.S. government is disbelieved. The market believes the government guarantee is there. Foreigners believe the guarantee is there. The only fiscal change is for someone to change the bookkeeping."
    In the past, to be sure, Mr. Greenspan's crystal ball has been cloudy. He didn't foresee the sharp national decline in home prices. Recently released transcripts of Fed meetings do record him warning in November 2002: "It's hard to escape the conclusion that at some point our extraordinary housing boom...cannot continue indefinitely into the future."
    Publicly, he was more reassuring. "While local economies may experience significant speculative price imbalances, a national severe price distortion seems most unlikely in the United States, given its size and diversity," he said in October 2004. Eight months later, he said if home prices did decline, that "likely would not have substantial macroeconomic implications." And in a speech in October 2006, nine months after leaving the Fed, he told an audience that, though housing prices were likely to be lower than the year before, "I think the worst of this may well be over." Housing prices, by his preferred gauge, have fallen nearly 19% since then. He says he was referring not to prices but to the downward drag on economic growth from weakening housing construction.
    Mr. Greenspan urges the government to avoid tax or other policies that increase the construction of new homes because that would delay the much-desired day when home prices find a bottom.

    He did offer one suggestion: "The most effective initiative, though politically difficult, would be a major expansion in quotas for skilled immigrants," he said. The only sustainable way to increase demand for vacant houses is to spur the formation of new households. Admitting more skilled immigrants, who tend to earn enough to buy homes, would accomplish that while paying other dividends to the U.S. economy.

    He estimates the number of new households in the U.S. currently is increasing at an annual rate of about 800,000, of whom about one third are immigrants. "Perhaps 150,000 of those are loosely classified as skilled," he said. "A double or tripling of this number would markedly accelerate the absorption of unsold housing inventory for sale -- and hence help stabilize prices."

    http://online.wsj.com/article/SB121865515167837815.html?mod=hpp_us_whats_news





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  • chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.



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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





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  • lazycis
    02-13 01:20 PM
    "But the stranger who dwells with you shall be to you as one born among you, and you shall love him as yourself; for you were once strangers..." Leviticus 19:34



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  • lost_in_migration
    05-14 09:09 PM
    Done.. Its in the thread EB2-General Poll. I would have liked to keep just one thread but only allows 10 options at the max. Hope ppl don't vote at both places :)

    Can you create one for EB2, please? Thanks!





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  • dealsnet
    03-28 08:10 AM
    Be positive. Hope for the best.



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  • nixstor
    02-23 02:33 PM
    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

    Shirish,

    I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.





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  • unseenguy
    05-16 03:14 PM
    Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:

    A) Job security , stability etc. and current & future job prospects.
    B) Personal situations such as whether EAD / AP benefits are required.
    C) Country of chargeability.

    Marking Consular process on I-140:

    1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.

    For those from retrogressed countries, this option is beneficial if you are far away from your PD.

    For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.

    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.

    2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.

    So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.



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  • HV000
    08-10 08:47 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months





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  • msyedy
    02-12 01:57 PM
    People,

    Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
    Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

    Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

    something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

    COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ki Sawal Hai"

    Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
    So this is what i did

    a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
    b) forwarded the website info to a few of my collegues at work and told them what i did.

    I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

    If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

    Hari

    (IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
    I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.

    Your enthu will go away soon.



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  • freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.





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  • apb
    09-14 06:52 PM
    I missed out on this one...



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  • map_boiler
    04-26 05:45 PM
    The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.





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  • h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks





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  • calaway42
    10-21 12:26 AM
    heh.. i want edwin's comp!!:)





    hebbar77
    06-23 02:37 PM
    White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)

    I thought this was obvious!





    vivache
    09-26 05:14 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question .
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)



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