Monday, July 4, 2011

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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.




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  • gapala
    06-05 07:12 PM
    Guys... Do not just look at individual rent vs. own comparision, have a bigger picture on the situation that we are in. I am tired of broker's "location..location...location" thing as well.. These things are way off the reality in this country..

    Historically, we all have seen that markets goes up and some times bubbles up, and goes down for a correction, some times south into recession.. .This is quiet natural to happen.. be it housing market or money market. We all know that Housing market needs a correction from those days where prices went up by $20,000 a month for several months without any control driven by easy credit, 0 down and stupid stated income policies.. Sure enough.. market started to correct itself after the credit become tight and lot of folks who jumped on to buy house at the top of peak went under water due to drop in the value of their homes... Here comes the obama housing rescue plan.. what are they trying to do here? trying to maintiain the bubble by encouraging more credit and spending.. working against natural correction of home prices towards south.

    Now lets look at whats happening around us and see if we will have returns on house as an investment.. (For those who are without GC, this becomes important).

    The gross domestic product (GDP) or gross domestic income (GDI) of US, a basic measure of an economy's economic performance, is about $13 Trillion per year as widely reported and boasted. Of that amount, approximately half, or $6.5 Trillion, is directly or indirectly related to government spending on the Federal, State, and Local levels.. :)

    Think about that for a second, about half of US current GDP is government spending? Does it sounds like developing nation? and due to job loss, loss of interest income, strained consumer keeps cutting back..the economy will contract further and eventually the goverment spending will be a major portion.

    US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now :D)

    Due to a struggling economy, primarily driven by consumers credit crunch, lower sales means, less revenue for government and they must borrow more money to keep the government machine spending and the economy rolling despite lower tax revenues.

    It was all good when Consumers and Government borrowed, as long as they could find someone to lend and collectively could spend. During the bubble, banks lent to consumers freely and foreigners lent to Government until banks and foreigners realized we simply borrowed too much slowed lending as it became much more difficult to service the debt. Now banks are not lending to consumers with less than best rating and the government is forcing banks to lend to consumers by loaning banks TAXPAYER money at 1/4% and the banks loan it right back to us at 4.5 yo 5.5% now. How about that? :D:D

    Due to lack of credit for non-government sector, of US economy...private sector is becoming much poorer much faster creating an imbalance in the society. Mathematically private sector going south will continue due to the very high leverage on the Private Side as more and more dwindling dollars are simply allocated to paying interest due to less revenues. With time a greater and greater percentage of a troubled economy will be directly consumed by rising interest payments resulting in less
    government spending which might lead us to an inflation, wages will never keep up with exploding commodity prices. Then only option remains Tax increases on those who earn :)
    Because, Right now a huge portion of government spending is feeding the poor, housing assistance, and providing medical care to the poor and elderly. Once the government bailout dry up, fewer and fewer will be able to borrow, work on and pay taxes in private sector, fewer and fewer will be able to pay taxes and the burden will rest on the shoulders of those that have something to offer...all what they have will not be enough to sustain a $13 Trillion dollar economy.

    With such a scenario, house prices cannot stay up at more than 4 times the desposible income of majority (middle class) population which remains at less than mere USD 30000. You can imagine now, what is going to happen if home prices does not correct itself due to government interfearance.

    Its an individual perspective to decide to buy home.. Do comment and throw out your ideas..

    You can find my analysis of housing market on link below (india vs. US) http://immigrationvoice.org/forum/showthread.php?p=285966#post285966




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  • abracadabra102
    01-03 07:01 PM
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.




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  • wc_user
    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.



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  • axp817
    03-26 05:50 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?

    I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.

    Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?

    sorry, I don't mean to drag this topic on forever.

    thanks,




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

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



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  • adusumilli
    08-06 07:38 AM
    see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.




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  • rajnag21
    07-19 05:13 PM
    UN,
    Does that mean that I should maybe wait a month more to see if my h1 extension approval notice arrives else just premium process it, since the I94 expired in april 2007.



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  • gcisadawg
    12-23 12:24 AM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!




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  • unitednations
    08-02 06:09 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks


    Yes.

    A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.

    Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.



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  • wellwishergc
    07-11 12:12 PM
    This is a very good question that even I had - Does using AC21 to change jobs lead to more scrutiny? Please advise!

    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?




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  • HawaldarNaik
    01-03 01:47 AM
    I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years

    They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving

    Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.

    Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future

    As i said in my first post...we have to first clean up our act....

    As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'

    Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....



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  • abcdgc
    12-27 01:22 AM
    Also, people like Hamid Gul and Kaayani have been directly involved in direct aid to terrorists organizations and Taliban in Pakistan & Afganistan. These are the worst of your kind, the difference is, Kaayani has a uniform to show. But a terrorist is a terrorist, with or without a uniform. He and ISI is directly responsible for Bombay attacks. You prove that Kaayani is not responsible. While you collect the evidence of Kaayani's innocence, we are ready to respond to the war you started.




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  • unitednations
    03-24 04:04 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.

    They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.


    Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.

    If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.

    Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.

    Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.

    Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.



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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.




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  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.



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  • gc28262
    07-13 10:45 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.


    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.




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  • SunnySurya
    12-22 10:17 PM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.

    Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.

    Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down

    I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.




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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - Forbes.com (http://www.forbes.com/2009/06/02/gotti-canseco-dykstra-foreclosures-business-celebrities.html)

    And who was rich first and does not consider his house as an investment!




    akela_topchi
    01-09 06:16 PM
    Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)

    What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.

    If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?




    nojoke
    01-01 12:23 PM
    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?



    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.

    You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
    The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
    So stop trolling:D



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