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  • pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance


    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.

    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.



    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 PREVIUOS 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??




    Thanks.





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  • walking_dude
    09-28 08:01 PM
    Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

    Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

    Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

    Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

    Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

    Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.





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  • sanju
    01-06 05:20 PM
    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.


    Look dude, your rants are not helping to get support for Palestine cause. To the contrary, your rants is likely to drive people away and people are likely going to be less sympathic for the palestinian people.

    So you have a problem with the term "Islamic Terrorism". Why is that? Weren't the terrorist conducting such acts in the name of their religion which is islam. So whats wrong with the term "Islamic Terrorism". I don't see anything wrong with that term. Do you?

    Why should I care for someone across the world? And are you going to force me to care for someone I don't care? Is that what your objective is?

    Dude, why just cry over hundred of muslims when millions were slaughtered by muslims in sudan. What about the role of muslims in Sudan?
    http://arabracismislamofascism.wordpress.com/2008/08/12/cbs-60-minutes-failes-to-mention-muslim-role-in-sudan-genocide/

    Here is an example when press deliberatly ignores mentioning that millions were killed by who - ISLAMIC FACIST MALITIA. Why are you always blaming media for reporting what they report. A lot of times, just to be politically correct, media OVERLOOKS mentioning the IMPORTANT FACTS like millions killed by ISLAMIC FACIST MALITIA IN SUDAN.


    Don't tell me members of this forum didn't blame muslims and their faith.


    Big deal, people were merely expressing their opinion freely, is that bad?
    Some member of this forum forum did blame muslims anf their faith, but ALL members of this forum did not blame muslims and their faith. I remember Drirshad, bafidia, budyinsfo who are members of the same forum were not blaming muslims. So ALL members of the forum were not blaiming muslims just as your assertion that ALL muslims do not support TERRORIST and TERRORISM.



    Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.


    Well don't, because your religious leaders preach terrorism and they are to be blamed and not me. People who follow those religious leaders who preach hate and terror are to be blamed, not me.

    I hope you see what you are doing to the crowd here. Most people are sympathic towards the palenstine in some way although most people here acknowledge that Hamas is a terroist organization. But your rants are converting this crowd into justifying Isreal. Your behavior is no different than the behavior of the Palestine leaders which drive away people/counteries who are/maybe sym,pathic towards them. So please step back and question yourself, why are you deliberatly provoking this crowd by posting such stuff. What is your objective?



    .





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  • Macaca
    09-24 04:30 PM
    How To Write To Congress (http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php) BY CAREY GREENBERG-BERGER | Consumerist, SEP 23 2007

    Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.

    Why Personal Letters Beat Form Letters

    Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.

    So what happens when you send a letter?

    Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.

    Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.

    What Should Your Letter Say?

    We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.

    Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.

    Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.

    Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
    Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!

    Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.

    It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.

    Send Your Letter To The Right Place

    Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.

    The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.

    For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:

    Member Of Congress
    c/o Staffer
    Office Building/Number
    Washington, DC 20515

    What Should You Expect In Return?

    Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.

    Conclusion

    Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.

    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.



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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.





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  • BharatPremi
    03-26 09:08 AM
    These banks, Mortgage companies and realtors - The whole nexus of sharks have made refinance almost impossible since last week.. Any body else noticed that? What happened is as soon as FED cut down the rate this nexus dramatically reduces the price 10 - 15%. If you go to zillow, you would find at least 10% reduction published for almost every home with comparison to 5 days before... Something is cooking up.. I do not know what it may be...At least for VA, MD, DC based homes I see this pattern. It looks like, lenders do not want to invite refinances.. and that is scary. Even most sites shows the list of properties with less value under " property sold last in 6 months" and make the properties disappeared which wer sold with reasonable price. I noticed this pattern for many bank alerts as well. So now the real picture you can get from is the county database only to fight these sharks. Are they trying to divert all to government loans (FHA?)... watch out.



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  • alterego
    10-03 04:03 PM
    Have you seen any other politician talk about the lengthy and expensive process of LEGAL immigrants? Obama has spoken about this in an interview. Now, I know here you will want to make the differential between EB and FB immigration and what he means. I am aware of this distinction, however never have I heard a single word from the Republican side about the grossly unfair situation of lengthy greencard backlogs. The fact is EB immigration will not be modified in a vacuum and the conservative republicans will always block any relief for us, no matter what.





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  • thakurrajiv
    04-06 09:01 AM
    USDReam2Dust,

    Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.

    I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
    Being a very big ticket item, housing correction takes time. Take stock market typical cycle and multiply it by 10 !!
    Right now, some people are jumping in by seeing good combination of low rates and lower prices than 2005 ( BTW which is 200% in real terms from 1999). People still think there is one part of RE which will not suffer which is Good school area. Let me tell you it is just matter of time. Remember the people living in these areas are well off. So they will be last to get affected. Most of these people are at higher positions in their jobs or businessman. What happens when they get laid off ? What happens when businessmen income reduces by half ?
    I agree that good areas will be last ones to get affected but they will definitely be. We just need to wait for lay offs to happen, salaries to go down (which is known as recession )etc etc .....



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  • unitednations
    08-08 04:26 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.

    package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.

    Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.





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  • anjans
    07-14 03:38 PM
    Missed point: The job needs to need that progressive experience and should call out to say that your job needs BS+5yrs. if it did the lawyers should not file EB3



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  • amitga
    04-07 05:06 PM
    What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.





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  • Marphad
    12-18 01:45 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.



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  • gc28262
    03-24 04:07 PM
    No, they figured out that it is consulting companies that are exploiting loopholes.

    1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    2) 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

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.





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  • skd
    12-31 12:32 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html



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  • h1techSlave
    12-26 01:38 PM
    A full fledged war between India and Pakistan is very very unlikely.





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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.



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  • bobzibub
    01-07 05:54 PM
    All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,

    "extremists are a cancer"





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  • hopefulgc
    08-11 04:35 PM
    what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





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  • pthoko
    07-11 10:48 AM
    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.



    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.




    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.


    Yes H1B is NOT Stamped yet.





    unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    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.





    psvk
    08-05 11:42 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.

    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.

    Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.

    You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.