Sunday, July 3, 2011

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  • Macaca
    02-13 09:42 AM
    Lobbying and Legislation: Enacting Better Laws (http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html) (courtesy krishna.ahd)

    After you lay the foundation for your legislative efforts and assess the political landscape, your goal is to convince legislators to accept your position. Some activities, such as proposing legislation or amendments, meeting with legislators and their staff, and testifying at hearings, occur inside the halls of the legislature; other actions, such as letter writing, public demonstrations, and working with the media, are initiated outside the legislature to build public pressure and urge legislators to come over to your side. Always coordinate your actions inside and outside of the legislature to make sure you are consistent and achieve maximum effect.

    Write letters, send faxes and e-mails, and phone legislators. Letters are definitely worth the time. Legislators know that each letter they receive represents several additional constituents who feel the same way but have not taken the time to write. That�s why, in addition to writing your own letter, you should get your partners and allies to write letters as well.

    Be clear and concise. Keep your letter to one page, at most two, and address only one issue per letter, if possible. Clearly identify the bill you are writing about and the position you are urging (vote yes or no). Make two or three of your strongest arguments for or against the proposed legislation. Remember: Legislators receive many letters on many different issues; your letter should be easy to read and understand if you want any chance of grabbing their attention.
    Identify yourself and your constituency. Say something about who you are and whom you represent; you want the legislator to understand that you are someone she or he should listen to. Give an example of a personal story�preferably from the legislator�s district�that shows how the bill affects real people and that the problem is not just an isolated incident. Legislators hear about what�s good and bad policy all the time; real-life experiences grab their attention.
    Avoid using form letters whenever possible. Avoid them altogether if you cannot deliver extraordinary volume. Personal individually signed letters are far more effective. When you are soliciting letters from partners and allies, provide a sample with a request that they use it as a guide to writing a letter in their own words.
    While letters tend to be most effective, you can also fax, phone, and e-mail your legislators. Usually, you use e-mails, faxes and phone calls right before a bill is coming up for a vote to remind legislators of the importance of their vote to you. If you are planning to organize a fax, phone, or e-mail chain, in which your partners and allies ask their constituents and supporters to take action, be sure to provide the contact information for the appropriate representative because the most effective contacts are those that come from legislators� own constituents. For more on e-mail advocacy see the Internet Advocacy section.

    Meet with legislators. Face-to-face contact with legislators is key to humanizing the problem, demonstrating a commitment to solving it, and developing relationships for the long haul.

    Organize a small, diverse group of participants, perhaps three to five people. Make sure at least some of them reside in the legislator�s district.
    Select your best spokespersons and message. Choose someone who will appeal to the legislators you are trying to persuade.
    Decide ahead of time how you will conduct the meeting. Who will introduce the participants? Lead the meeting? Close the meeting? What materials will you take to leave with the legislator at the end of the meeting?
    Get to know legislators� staff. Legislators often rely heavily on the advice of key staff members. It is important to establish a good relationship with these staff members, make sure they have adequate information about your legislation, and try to learn from them any concerns you may need to address to keep your legislation moving forward. The staff will be your main point of contact if a legislator is unavailable or inaccessible.
    For more tips on meeting with legislators, such as scheduling, preparing for, conducting, and following up after the meeting, see Tips on Meeting with Your Elected Officials (http://archive.aclu.org/action/lobby.html), and �Six Practical Tips on How to Lobby Your Legislator or Elected Official (http://www.democracyctr.org/resources/lobbying.html)� in Lobbying�the Basics.

    Testify at hearings. This is not one of those times when you can wing it! Always be prepared before you give testimony on pending legislation.

    Get a rough vote count of how legislators are likely to vote before you attend the hearing and try to find out about outstanding issues and concerns. Having this information will help you choose the best witnesses, know what points you need to emphasize in your testimony, and consider amendments you may need to offer or agree to.
    Choose witnesses who will be credible and effective. Put together a combination of people directly affected by the legislation, experts, and individuals and organizations that represent legislators� constituents.
    Write out your testimony in advance so that it is clear, concise, and persuasive. Include personal stories whenever possible to show how the issue affects real people. Prepare a summary of your testimony for distribution at the hearing to legislators, the media, and other attendees. Anticipate questions legislators might ask and plan how to respond.
    Pack the legislative chambers with supporters and call the media. Wear buttons, T-shirts, or other identifying items to show legislators and the media the strength and presence of your support in the hearing room.
    Have legislators who support your cause ask your opponents tough questions and make supportive statements on your behalf. You could offer to draft a list of questions or key points that you would like them to cover. Discuss in advance amendments that may be offered and the bottom line for any compromises.

    Staging public protests or other public events. Consider organizing an event that energizes and mobilizes large numbers of supporters and captures legislators��and media�attention.

    Public protests can sometimes turn up the heat on lawmakers to vote your way or at least think twice about siding with the opposition.
    Holding a Lobby Day is an opportunity to mobilize large numbers of people to meet with multiple legislators in one day to show your legislative power and gain media attention. The day usually begins with training in lobbying skills and a teach-in on your issues, followed perhaps by a rally and news interviews, a couple of hours of meetings with legislators, and an end-of-day debriefing session for supporters.

    Ignite Public Scrutiny. Elected officials care about their public image. They want to be portrayed favorably in the news. Develop a media strategy around your legislation that includes news conferences, letters to the editor, writing opinion editorials, or other media strategies that will put your issue in the public eye, maintain public scrutiny throughout the legislative process, provide a vehicle for keeping pressure on elected officials, turn up the heat on those who are against you, and applaud those who stick with you. For more tips on developing a media strategy see the Media Advocacy section.
    Be persistent. Lobbying campaigns rarely come to a definitive end.

    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.
    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.





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  • Macaca
    05-02 05:32 PM
    America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.



    Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial





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  • javadeveloper
    08-03 08:58 PM
    Hi Unitednations,

    My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??

    Thanks in advance





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  • akred
    06-23 02:48 PM
    I don't believe the housing market slump will last more than 3 years!

    --------------------------------------------------------------------------------------------------
    Echo boomers a lifeline for embattled U.S. housing | Reuters (http://www.reuters.com/article/ousiv/idUSTRE55L0AO20090622)

    The demand may come back, but the prices may be lower from here on out. If interest rates move higher due to the deficit, people won't be able to afford as much, causing prices to fall further.



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  • ajm
    08-05 10:44 AM
    A random number generator is like sex:
    When its good, it's wonderful,
    And when its bad, it's still pretty good.





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  • thomachan72
    08-06 04:28 PM
    THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

    ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

    A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

    AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

    ..Enjoy

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
    FINDS
    THERE...

    CAN YOU GUESS?

    DO YOU KNOW THE ANSWER YET?

    COME ON, THINK LIKE A INDIAN....

    A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
    well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!



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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.





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  • my2cents
    05-03 07:55 AM
    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..



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  • CreatedToday
    01-06 05:39 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.





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  • bfadlia
    01-08 11:04 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Religion will give misery only. Man made the religion. God didn't created it.

    i'm really confused, my posts asked people not to let religion interfere with a political issue, you responded educating us on the salvation and trinity and disproving Mohamed's message.. which one of us was discussing religion..
    And still how does this justify you being racist to egyptians?!



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  • singhsa3
    08-05 09:46 AM
    I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!





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  • reddymjm
    08-05 10:32 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?



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  • kak1978
    06-05 10:46 AM
    http://seattlebubble.com/blog/wp-content/uploads/2009/04/home-price-to-rent_2009-01.png

    Althought this is just for seattle area, this trend is more or less the same nationwide.

    According to this graph we need to wait out atleast one more year for the Rent - to- Price ratio to come down to the historical averages. But you get the Federal first -time home owner credit of $8000 (more in CA) only if you buy before the end of this year. So in my opinion, a good time to buy a house is in the month of december this year, if not the best time to buy. Now this is with an assumsion that mortgage rates don't rise substantially.





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  • burnt
    03-31 06:36 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?



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  • SunnySurya
    08-05 03:41 PM
    Good one, I missed reading this. This put an end to the debate...You got some green dots from me...
    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





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  • satishku_2000
    05-16 05:06 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.

    Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.



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  • lvgc
    07-14 01:29 PM
    Table 6 at
    http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm





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  • nogc_noproblem
    08-06 11:34 PM
    A little old lady goes to the doctor and says ...

    ..., "Doctor, I have this problem with gas, but it doesn't really bother me too much. They never smell and are always silent. As a matter of fact, I've farted at least 20 times since I've been here in your office. You didn't know I was farting because they don't smell and are silent."

    The doctor says, "I see. Here's a prescription. Take these pills 3 times a day for seven days and come back to see me next week."

    The next week the lady goes back. "Doctor," she says, "I don't know what the hell you gave me, but now my farts ... although still silent... stink terribly."

    The doctor says, "Good! Now that we've cleared up your sinuses, let's start working on your hearing."





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  • mrajatish
    07-08 11:01 AM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant’s failure to RFE or fingerprint.





    stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.





    mariner5555
    04-14 07:24 AM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    Maintenance
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
    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 ..as sellers / builders are not lowering enough ..lots of for sale signs though.
    now by renting ..I am closer to work / family ..so 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 ..you get a place to stay (with no maintenance) ..maybe smaller in size ..so you need to ask another question ,...do I need extra space (And maintenance ..) ..before you decide to buy especially now.



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