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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance

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  • chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?

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  • WantGCQuick
    06-05 02:36 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!


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  • willwin
    07-13 04:46 PM
    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....

    I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?

    The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.


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  • pmpforgc
    04-14 10:35 AM
    Atleast you are being honest and telling that the price now is somewhere around 350K. also the main point is that you bought it in 2004 so you are somewhat lucky. the situation now is such that prices are still very high in the correct location. I will give my example ..if I buy a house now ... for the good deals ..I have to buy one which is 14 miles away from work and another 22 miles away from city / airport (atlanta). and ofcourse if I buy at so far away it will not appreciate for another 10 years (many places have single roads ..and atlanta traffic is famous). there is still a bubble at better locations sellers / builders are not lowering enough ..lots of for sale signs though.
    now by renting ..I am closer to work / family atleast 250 $ saved in gas plus vehicle maintenance ..add another 300 in maint + hoa for new house plu 300 - 400 in prop tax etc. with this money itself --I get good deals on renting a townhome with good apartment companies (hence no HOA).
    so renting is not throwing money away get a place to stay (with no maintenance) ..maybe smaller in size you need to ask another question , I need extra space (And maintenance ..) ..before you decide to buy especially now.


    I am moving to Atlanta (Meritta) soon. I got new job there.

    I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.

    Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?

    What is the trend of house price in atlanta area?

    Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.

    Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.

    Also please give links where I can see more info regarding atlanta housing, shcools transport etc.



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  • jonty_11
    08-07 03:35 PM

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?

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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?


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  • satishku_2000
    08-02 06:12 PM

    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.

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  • GCapplicant
    07-14 04:38 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack

    Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

    Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

    Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

    Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

    This shows nature,when own kind dont respect others neither will outsider.


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  • unitednations
    07-19 02:29 PM
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means. D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.

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  • willwin
    07-13 11:21 AM
    Here is my 2 cents worth...

    Pappu, are you saying that whatever initiative that IV has taken now to address recapturing (HR5882), per country limit removal and STEM are GOOD ENOUGH as long as we have mass support and no further effort required?

    Well, If we are not having enough support, I am not sure how much of that we could change.

    What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.

    What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.

    Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!


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  • nojoke
    09-29 07:35 PM
    So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)

    Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.

    Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
    Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.

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  • Ahimsa
    02-25 06:34 PM
    Of late, people started giving 5 star rating for Lou on RateItAll.
    Please go to this site and rate him as you like.
    I gave him a lowest single-star rating (terrible)


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  • bfadlia
    01-06 12:57 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?

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  • mariner5555
    04-25 02:45 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..


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  • prioritydate
    01-10 10:21 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    LOL! Short of virgins! Man! what a drag...

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  • Macaca
    02-01 08:17 PM
    House Democrats Trim Agenda ( Realities of a Slim Majority and Poor Economy Curb Their Ambition By Ben Pershing |, Feb 1

    WILLIAMSBURG, Jan. 31 -- A year ago, newly empowered House Democrats gathered here at the Kingsmill Resort for their annual retreat brimming with confidence. Before them was an ambitious legislative agenda and a determination to end or curtail the U.S. troop presence in Iraq.

    This time around, the hotel and golf courses are the same, but the song is markedly different. Gone is the talk of forcing President Bush to end the war, as is the impetus to pass a comprehensive immigration package and to stick to strict budget rules. Instead, Democrats are thinking smaller, much smaller.

    They hope to leave today with the beginnings of a scaled-down plan to pass a handful of bills in the House -- even if they cannot get through the Senate -- and build a case for November that Democrats have been productive enough to warrant at least another two years in the majority.

    "The agenda is, to some degree, a completion of the agenda that we started last year, as is usually the case in the second year of the Congress," said House Majority Leader Steny H. Hoyer (D-Md.).

    Presidential election years are traditionally slow on the legislative front, and Democrats have a narrow majority in the Senate. Even in the House, the 290 votes the majority needs to overcome any Bush veto usually are not there.

    Democrats may take their cue from the modest proposals in Bush's State of the Union address this week, which Hoyer called "thin."

    But that does not mean the party's to-do list is blank.

    Democrats need to pass a budget. They want to pass another energy bill. They would like to pump money into the Highway Trust Fund for road projects. They may reauthorize the No Child Left Behind education law. They have to push through appropriations bills.

    Democrats also have not given up on Iraq, though they do appear to be moving away from their so-far-unsuccessful strategy of tying troop withdrawal language to money for the war. Based on the comments of leaders here, any Iraq timeline language that moves this year will probably move separately from funding bills.

    And while Iraq was a huge topic of discussion at the 2007 retreat, the economy is the theme this time around. "That's what this conference is about, a four-letter word: J-O-B-S," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).

    The House is waiting to see what the Senate does with the stimulus plan it passed this week, and a second package could be on the way soon.

    Of the House-passed stimulus bill, Hoyer said, "Our effort was not the perfect, but it was the possible, and that's what we're going to be focused on."

    The same could be said of the party's broader agenda.

    Technically, Democrats do not call this gathering a "retreat." It is an "issues conference." But the mood is not entirely serious.

    Emanuel loosened up the crowd at Wednesday night's dinner by showing a popular YouTube video -- "My kids found it," he explained -- of a teenage boy sitting in his room lip-synching a Will Ferrell impersonation of Bush. The assembled lawmakers roared along with the video.

    The attire is also decidedly casual. Some members are strolling around in jeans; others have gone for the menswear-ad blazer-and-khakis combination. A colorful array of sweaters has been on display; House Majority Whip James E. Clyburn (D-S.C.) met with reporters wearing a blue pullover emblazoned with "South Carolina. Smiling Faces. Beautiful Places."

    While Kingsmill offers a wide variety of spa treatments and "wellness" services, members here have a full schedule of panel sessions on weighty policy topics. They heard governors talk about state budgets and chief executives address the environment and infrastructure. A speech by Federal Reserve Chairman Ben S. Bernanke is the main event Friday.

    Clyburn, an avid golfer, lamented that he has been coming to Kingsmill for a decade for official functions but has never had the chance to hit the links -- often because of bad weather -- despite the presence here of four separate courses designed by such golf luminaries as Arnold Palmer and Curtis Strange.

    But Clyburn said he is determined to get out on the greens today. Right after that Bernanke speech.

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  • nogc_noproblem
    08-26 01:05 AM
    Why cats are better then men ...

    � A cat matures as it grows older.
    � Back hair on cats is cute.
    � When a cat sleeps all day it's natural, not annoying.
    � Unlike a man, a cat can fend for itself.
    � A cat is loyal.
    � Cats actually think with their heads.
    � "Meow" is never a lie.
    � They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
    � It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
    � To buy a fancy dinner for a cat only costs 35 cents.
    � A cat's friend is less likely to be annoying.
    � Cats can't show love without meaning it.
    � Cats are always cute.

    04-14 07:09 PM
    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.

    04-07 03:52 PM
    Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?

    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.

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