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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

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  • sledge_hammer
    12-24 12:00 PM
    You, being an Indian by nationality, hate India so much and I can only imagine what a Pakistani terrorist would think! You were born in India, got your education from there, have friends and family there, but still, in a heart beat, side with the terrorists that kill innocent Indians.

    I've heard this numerous times and I now know it for a fact - Muslims love their religion more than the country. It is, now even more clear, who MOST Indian muslims will side with in case of a dispute between India and Pakistan.

    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!

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  • alisa
    12-27 12:55 AM
    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?

    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

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  • nogc_noproblem
    08-06 06:46 PM
    A lawyer was on his deathbed in his bedroom, and he called to his wife.

    She rushed in and said, "What is it, honey?"

    He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.

    The wife was curious, so she asked, "What are you doing, honey?"

    He shouted "I'm looking for loopholes!"


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  • titanicman
    12-18 11:05 PM
    thank you marphad for starting this topic, a creative discussion should go on.
    we have lot of threads for immigration, this topic shows various opinions from differnt people. once agian congarts marphad for this thread.

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  • indio0617
    09-26 11:17 AM
    though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
    someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
    but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
    I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
    so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.

    You hit it right on the nail ! Very precisely put. Read between the lines and do not get carried away by 'eloquent' speeches. Deeds are stronger than words. Look at how the democratic agenda is framed. It has never been in favor of business, enterprise or innovation. Putting things into respective Obama & co will suffocate us with all the socialist agenda and stagnating policies.


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  • sanju
    12-17 04:05 PM
    Since everyone is posting what they want, I guess I can also just post anything here....



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  • NKR
    08-06 03:15 PM
    speaking of do you give Dots?

    Send a PM to soni and ask, he/she gave me one.


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  • Macaca
    03-06 09:03 PM
    Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule ( 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
    U.S. Immigration Policy on Permanent Admissions (,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
    U.S. Immigration Policy on Permanent Admissions (,0425-crs.pdf), Updated April 17, 2006
    Immigration Policy in the United States ( CONGRESSIONAL BUDGET OFFICE, February 2006
    CRS Reports (
    Immigration through Employment ( D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? ( by Sherry L. Neal, Attorney
    Damaris Del Valle, Law Clerk
    Legal Immigrants: waiting forever (

    Adjudicator's Field Manual - Redacted Public Version ( 0e2) Updated Through June 18, 2007, Posted July, 2007
    AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (
    Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (
    I-485 Standard Operating Procedure (
    Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (

    Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (

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  • Macaca
    12-26 08:37 AM
    Freshmen Padding Their Independence (http:// Procedural Votes Become Safe Nays By Paul Kane | Washington Post, Dec 26, 2007

    Half a dozen freshman Democrats took to the House floor one late-October morning to cast their lot with Republicans.

    Their actions went unpunished by the Democratic leadership that day, as they have on many other occasions in recent weeks. The symbolic gesture -- casting nay votes on approving the House Journal, essentially the minutes of the previous day -- would have no bearing on the leadership's agenda.

    While they overwhelmingly support that agenda, the bloc of freshmen has begun casting votes against such minor procedural motions in an effort, Democratic sources and Republican critics say, to demonstrate their independence from their leadership. The number of votes that the potentially vulnerable newcomers to Capitol Hill cast against House leaders is tallied and watched closely by interest groups and political foes.

    Such is the political life of many of the 42 freshman House Democrats, a sizable number of them moderates and conservatives who must straddle the fence between supporting their party's interests and distancing themselves from a mostly liberal leadership as they gear up for their first reelection battle next fall.

    House Speaker Nancy Pelosi (D-Calif.) and other members of the party's leadership are happy to tolerate the independence on procedural matters. Less than three hours after opposing the late-October journal vote, the same six freshmen sided with Pelosi as Democrats tried, and failed, to override President Bush's veto of a bill to expand the State Children's Health Insurance Program by $35 billion over five years, legislation that Pelosi has called her "crown jewel."

    "I'm viewed as an independent. I'm viewed as a conservative Democrat," said Rep. Jason Altmire (Pa.), the first freshman to regularly oppose his party's leadership on the journal vote.

    Like several others, Altmire offered no explanation for voting against all but one of 18 roll calls on the routine measure, adding that he had no "pre-planned" rationale for the votes. "I'm certainly not going to win or lose my reelection based on my journal votes," he said.

    But the first reelection campaign in his conservative-leaning western Pennsylvania district could be a tough one. Bush won there by a comfortable nine percentage points in 2004. Districts such as Altmire's fueled the Democratic takeover of the House last year. They are blue-collar in attitude and red-hued in politics, particularly on issues such as abortion and gun rights.

    Dubbed the "majority makers" by Pelosi's leadership team, the freshmen have become a major front in the Democrats' battle to sustain and expand their majority next fall.

    Stuart Rothenberg, an independent analyst and author of the Rothenberg Political Report, said Republican hopes for shrinking the Democratic majority begin with what he calls "snapback candidates," who rode into office under the last election cycle's optimal conditions for Democrats and now face their first reelection contests.

    Protecting the 42 freshman Democrats, the largest partisan class since 73 Republicans took office in 1994, has been the top priority for key Democratic strategists such as Rep. Rahm Emanuel (Ill.). The freshmen get special treatment from leaders, including a weekly meeting with Pelosi and Majority Leader Steny H. Hoyer (Md.). And they receive frequent advice on how to vote from Emanuel and Rep. Chris Van Hollen (Md.), chairman of the Democratic Congressional Campaign Committee.

    Seven of the rookies have more than $1 million in cash on hand, and according to Rothenberg, more than half are in safe positions to win reelection. In addition, the Democratic Congressional Campaign Committee holds a more than 11-to-1 cash advantage over its Republican counterpart, a potential financial backstop for endangered freshmen.

    But the political environment has turned toxic in recent months as Democrats have been stymied in their effort to take Congress in their self-proclaimed new direction. Opinion polls show public approval ratings for Congress mired in the 20s, considerably lower than Bush's rating.

    In recent months, Democrats in battleground districts have been criticized by Republicans, who have tried to paint them as close to the new House leadership.

    "While these Democrats might claim to be independent voices for their districts, the differences between them and Nancy Pelosi are purely aesthetic," said Ken Spain, spokesman for the National Republican Congressional Committee. This year, the GOP committee launched a Web site to track the percentage of votes that 28 of the freshmen cast with Pelosi, whom Republicans say will be a polarizing figure in conservative districts next fall.

    That is why procedural votes are important to freshmen, according to Democratic aides. House Republicans this year turned to a procedure known as a "motion to recommit," offering what is typically a routine method of sending bills back to committee as politically charged amendments. With a wink and a nod from Emanuel and Hoyer, some endangered freshmen frequently vote with Republicans on tricky GOP motions to keep their votes from being used against them in 30-second campaign sound bites.

    Some freshman Democrats have taken the idea of voting against their party leadership on procedural votes one step further, opposing mundane matters such as the journal vote.

    Altmire has sided with the opposition in 17 of 18 journal roll calls this year. Rep. Joe Donnelly (D-Ind.) has cast 15 votes with the GOP. In the spring, only a few freshmen voted against the journal, but one recent vote drew 13 freshmen in opposition, and in another, 11 voted nay. Now a half-dozen or more regularly oppose whenever a roll call is held.

    Democratic leaders acknowledge that they have encouraged the freshmen to sometimes vote with Republicans on politically difficult issues, but deny that they have had any input on the Congressional Record votes.

    "We've given them very simple advice: Make sure you vote your district," Van Hollen said.

    As a result, Rep. Heath Shuler (D-N.C.), for example, has one of the lowest party-unity voting scores -- less than 84 percent -- of any House Democrat, according to's congressional database. The average House Democrat has voted with the majority on 92.5 percent of all votes.

    "They're trying to create separation. Our guys did it in '95 and '96," said Rep. Thomas M. Davis III (R-Va.), a member of the GOP class of 1994.

    At the time, freshman Republicans saw congressional popularity plummet during a budget fight that led to a series of federal government shutdowns. Fearful of being tied closely to then-Speaker Newt Gingrich (R-Ga.), many freshmen also began voting no on the journal in a similar effort to distance themselves.


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  • unitednations
    03-26 02:52 PM
    Where is this ace technology, and I wonder if it's a small firm...

    it wasn't a small firm.

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  • gimme_GC2006
    03-27 03:47 PM
    AO? Adjudicating officer?

    Good luck, keep us posted.


    Thank you :D


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  • vivekm1309
    12-31 11:03 AM
    IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.

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  • Blessing&Lifeisbeautiful
    08-08 05:48 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.



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  • sledge_hammer
    03-24 02:44 PM
    Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.

    I kind of mixed the H-1B requirement and GC requirement.

    But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD. D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job

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  • desi3933
    08-05 02:07 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.


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  • aadimanav
    07-13 05:17 PM
    Aadimanav, mirage and pani_6, do you guys wanna run with this?

    Or any other volunteers?

    Come up with a draft and then share with rest of us.

    I have drafted a Petition (Version 1).

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  • unitednations
    07-10 01:42 PM
    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.


    No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.

    Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.

    This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.

    Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.

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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.

    08-07 04:37 PM
    Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

    The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

    So the mother sent the 8 year old first, in the
    morning, with the older boy to see the preacher in the afternoon.

    The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

    The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

    So the preacher repeated the question in an even sterner tone, "Where is God?!"

    Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

    "Where is God?!"

    The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

    When his older brother found him in the closet, he asked, "What happened?"

    The younger brother, gasping for breath, replied, "We are in BIG trouble this time.


    ("I just LOVE reading next line again and again")









    GOD is missing, and they think we did it!!!!!!!!!!!!!!

    06-26 06:04 PM
    A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
    1. Time Value of money (Wiki Link (
    2. Cash Flow (Wiki Link (
    3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (
    4. Leverage (Wiki Link (

    I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.

    A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.

    So surprise of surprises - there is no "right answer"!!

    That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.

    Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.

    The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)

    Best of luck guys.

    Hi Puddon head :

    Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.

    For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.

    I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)

    You can use six sigma approach also :) ;) (just kidding on this last one).

    1 comment:

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