jueves, 30 de junio de 2011

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  • unitednations
    08-02 12:29 PM
    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.




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  • bklog_sufferer
    09-30 04:23 PM
    I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.

    If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.




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  • sk2006
    06-05 12:27 PM
    Buying a house would be a BIG Mistake right now..

    Sub-Prime losses we have been hearing in main stream media is just the begining.
    Wait until 2010 when Alt-A and ARMs taken in 2005/6 start resetting.
    It will be a big mess.


    and

    NEVER LISTEN TO REAL ESTATE AGENT'S ADVICE!




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  • unitednations
    08-03 08:18 PM
    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.


    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.



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  • Rolling_Flood
    08-05 09:45 PM
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!

    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes...

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB...

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead.

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...




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  • skd
    12-29 03:10 PM
    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
    Cheers!
    .

    funny



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  • nixstor
    11-12 08:31 PM
    Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

    STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.

    TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.

    A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.

    Worker advocates say Congress is ready to sole a problem that doesn't exist.

    KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

    TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.

    DOBBS: No, it's just going in the opposite direction.

    You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.

    Thank you, Bill Tucker.


    Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.




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  • unitednations
    03-24 02:27 PM
    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.

    Is it fair to say that on one side you have the people who are trying to limit immigration.

    On the other side you have people who want friendlier immigration policies. Within the friendlier immigration poliices; you have more self interest groups:

    h-1b group of self interest
    Liberia self interest groups
    lawful permanent resident spouse
    political asylum groups
    aged out groups
    universities with student visas
    unlawful interest groups
    h-2 groups
    nurses, etc.
    employment base groups.


    All of these self interest groups go to media, senators, congressment etc., with their stories and why they think they should have their demands met. My personal opinion is that if a person can stay here and legally work and wait then they are not as disadvantaged as companies/people who are waiting to get in.

    When you are going to do advocacy you need to know beyond your individual case and how you stack up across the board.



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  • Macaca
    03-06 09:00 PM
    A Peek Into Corporate America (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501370.html)

    Not waiting for Congress to impose new disclosure laws, shareholder activists have persuaded some of the nation's largest companies to disclose their political spending on such things as issue campaigns. General Electric, Hewlett-Packard and American Electric Power recently agreed to report how much they give trade associations for politics and lobbying. Home Depot said it would report "soft money" gifts such as corporate donations to political advocacy groups.

    The decision was announced by the Center for Political Accountability, Trillium Asset Management and Green Century Capital Management. The four companies join 15 other major corporations that have adopted increased transparency policies since 2005.

    Separately, Aegon USA, a financial services firm, has begun to list on its campaign finance reports the events at which it gives money to politicians, a disclosure not required by law. It said its $5,000 donation to the leadership fund of Sen. Thomas R. Carper (D-Del.) was made during a "ski weekend." Anyone see a trend?




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  • Gravitation
    03-25 01:25 PM
    Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:

    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month

    Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.

    If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.


    2. I hear about tax rebate for homeowners. But what about property tax?

    Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.


    3. What about mortgage insurance payments?

    You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.


    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.


    Profit/Loss is not what the primary residence is for.


    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.


    You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.


    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
    Yes, if you're planning to go back... don't buy.



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  • GCappli
    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..




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  • mariner5555
    03-24 11:13 PM
    This is total BS.
    Bashing Illegal immigrants for housing market crash and accusing entire race of being theives is nothing new among right wing anti-immigrant "Hatriots"
    But there really isn't co-relation between illegal migration and housing crash.. if anything, migrants are also first time buyers and they support prices towards to lower end market and stop entire lower-middle class neighbourhoods from becoming what Detroit or Youngstown have become..
    So no need to parrot hateful propoganda here.. lets stick to the point..
    o.k. ..I had copied comments from other readers and I have removed the unnecessary remarks ..The only reason I am keeping the remaining portion is to show how many of the first time buyers (I guess Americans) feel. so if lot of people think like the above then housing will take longer to stabilize. (BTW I agree there is no relation between immi and housing crash - nor is it implied in the comments I had pasted). I guess sometimes it makes sense to read what other readers / natives feel about certain situations. a final thought (unless I have to respond to someone else's post) - everywhere I look (articles and in real life) - things are real bad in terms of real estate. will things improve - definitely but it may take long time for things to stabilize and hence it makes sense to do extra research before taking a plunge. for e.g at present I am staying in a rented town home - and I got the deal for $850 - the town homes are inside an apt complex in a good neighborhood. (you need to show income of atleast 3 times the rent to get a place here and many tenants are high tech guys). the same town home during boom time had rent of $1250 ..in other words - there are tons of deals due to excessive supply everywhere. one other important point was made by another person - this winter was harsh and hence people did everything to keep a roof above their head - wait till summer and you will see people literally walking away from their homes ...when u read posts like the above ..it makes sense to wait for some more time esp on H1 / EAD.



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  • cinqsit
    03-26 02:08 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit




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

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



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  • SunnySurya
    12-22 02:41 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state

    PTI | New York


    Braving sub zero temperature and cold wind, more than 200 supporters and workers of dozens of Indian American organisation held a demonstration outside the UN, seeking the world body declare Pakistan a terrorist state.

    The demonstrators, from New York and adjoining New Jersey and Connecticut states spearheaded by Overseas Friends of BJP (OFBJP) and Indian American Intellectual Forum, demanded that the international community take action against Saudi Arabia also as groups based there had been funding the terror operations which are planned and executed from Pakistan.

    The international community, they said, need impose economic sanction against Pakistan and Saudi Arabia and force Islamabad to rein in its "infamous" Inter-Service Intelligence (ISI) which, they alleged, provides logistic and other support to terrorists.

    If Pakistan does not hand over the suspects that India has demanded, they should be tried by the International Criminal Court for crimes against humanity, they said.

    The demonstrators carried pictures of Jewish couple Rabbi Gavriel Holtzberg and wife Rivka, who were murdered by the terrorists during Mumbai attacks, with caption: "It is a crime to be a Jew?" The demonstration began with a silence observed for one minute to pay homage to the victims of Mumbai attacks and the police officers who were killed in the action.

    "Who is funding terrorism?' Saudi Arabia," "Down with Pakistan," "Pakistan, a failed state," "Stop aid to Pakistan," and "Radical Islam is the worldwide problem," were among the slogans that they shouted.

    Gaurang Vaishnav, a spokesperson of the Tristate Indians under whose banner the demonstration was organized, said that it was important that countries such as US, Britain, Israel and India come together to evolve a strategy to root out the terrorism.
    ************************



    SOLIDARITY DEMONSTRATION
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

    • HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
    • ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
    • DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
    • DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
    • DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
    • DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
    • HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
    • DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
    • IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

    If you answered YES to any one of the above, then
    Come Rain, Snow or Cold, JOIN
    TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
    The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

    Who will set the things right? WE THE CONCERNED PEOPLE...


    TRISTATE INDIANS: Supporting Organizations
    Aligarh Muslim University Engineering Alumni Association of North America
    Afghan Hindu Association, Inc
    Arsha Bodha Center
    Art of Living Foundation, USA
    Baba Balak Nath Temple, New York
    Bangladeshi Hindus of America, New York
    Bangladesh Minority Forum, USA
    Bunt Association of North America
    Ekal Vidyalaya Foundation of USA
    Federation of Indian Associations
    Friends of India Society, International
    Hindi Samiti of USA
    Hindu Center, New York
    Hindu Collective Initiative of North America (HCINA)
    Hindu Human Rights Watch
    Hindu International Council Against Defamation (HICAD)
    Hindu Right Action Force (HINDRAF)
    Hindu Swayamsevak Sangh
    Indian American Intellectual Forum
    Kanchi Kamkoti Foundation USA
    Kannada Koota
    Malyali Hindu Mandalam of North America
    Marathi Vishwa
    Nataraja Mandir (WSFC)
    Om Temple of Garden State
    Overseas Friends of BJP
    Overseas Sindhu Sabha, New York
    Panchvati Ashram, New York
    Phagwah Parade & Festival Committee
    Punjabi Darbar Religious & Cultural Society
    Sadhanalaya Dance, Inc.
    Samskrita Bharati
    Satya Narayan Mandir, Elmhurst
    Save Temples in India
    Shree Trimurthi Bhavan
    Sindhi Circle, New York
    The Caribbean Voice
    The South Asian Times
    Vishwa Hindu Parishad of America
    and many more …




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  • meg_z
    08-03 01:43 PM
    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?



    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.



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  • 485Mbe4001
    06-05 06:23 PM
    The biggest mistake one can make is to consider your house as an investment option. Your example is good when you have enough equity and the cost of your house increases from 270k. factor in annual HOA, pmi, maintenance ect and the fact that when you sell you will have to pay ~6% for broker comission. People who were prudent or had the ability to buy during 1999-2003 are doing good so far.
    As for buying in the current market...as they say location...location...location

    here is a slightly technical article about the current interest rate, FC and impact on housing in San Diego.

    http://www.fieldcheckgroup.com/2009/06/04/6-5-beware-real-estate-false-bottoms/

    rent Vs own calculator after factoring in annual home expenses..

    http://www.irvinehousingblog.com/calculator/


    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.




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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.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR 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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  • rsdang
    08-11 04:54 PM
    A man was on the water for his weekly fishing trip. He began his day with an 8-pound trout on the first cast and a 7-pounder on the second

    On the third cast he had just caught his first ever trout over 10 pounds when his cell phone rang.

    It was a doctor notifying him that his wife had just been in a terrible accident and was in critical condition and in the ICU. The man told the doctor to inform his wife where he was and that he'd be there as soon as possible. As he hung up he realized he was leaving what was shaping up to be his best day ever on the water.

    He decided to get in a couple of more casts before heading to the hospital. He ended up fishing the re! st of the morning, finishing his trip with a stringer like he'd never seen, with 3 trout over 10 pounds.

    He was jubilant .

    Then he remembered his wife. Feeling guilty, he dashed to the hospital.
    H e saw the doctor in the corridor and asked about his wife's condition.

    The doctor glared at him and shouted, "You went ahead and finished your fishing trip didn't you! I hope you're proud of yourself! While you were out for the past four hours enjoying yourself on the pond, your wife has been languishing in the ICU! It's just as well you went ahead and finished, because it will be more than likely the last fishing trip you ever take!"

    "For the rest of her life she will require 'round the clock care. And you'll be her care giver forever!"

    The man was feeling so guilty he broke ! down and sobbed.

    The doctor then chuckled and said, "I'm just messing with you. She's dead. What'd you catch?"




    zxcvb
    07-17 11:05 PM
    Does any one knows the answer to this?

    Thanks




    SunnySurya
    08-06 12:21 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...


    Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

    If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.

    My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.

    Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.



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