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  • axp817
    03-26 05:57 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.





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  • hiralal
    06-25 10:48 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
    (ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
    personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)





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  • panky72
    08-20 06:55 PM
    An old man lived alone in Minnesota. He wanted to spade his potato garden, but it was very hard work. His only son, who would have helped him, was in prison. The old man wrote a letter to his son and mentioned his situation:

    Dear Son,

    " I am feeling pretty bad because it looks like I won't be able to plant my potato garden this year. I hate to miss doing the garden, because your mother always loved planting time. I'm just getting too old to be digging up a garden plot. If you were here, all my troubles would be over. I know you would dig the plot for me, if you weren't in prison
    ............. ......... .......Love, Dad "

    Shortly, the old man received this telegram : "For Heaven's sake, Dad, don't dig up the garden!! That's where I buried the GUNS!!"

    At 4 a.m. the next morning, a dozen FBI agents and local police officers showed up and dug up the entire garden without finding any guns.

    Confused, the old man wrote another note to his son telling him what happened, and asked him what to do.

    His son's reply was: "Go ahead and plant your potatoes, Dad......... ...... It's the best I could do for you from here."

    Moral:
    NO MATTER WHERE YOU ARE IN THE WORLD, IF YOU HAVE DECIDED TO DO
    SOMETHING DEEP FROM YOUR HEART, YOU CAN DO IT. IT IS THE THOUGHT THAT MATTERS NOT WHERE YOU ARE OR WHERE THE PERSON IS.





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  • jonty_11
    05-29 08:27 PM
    Lobbying is like bribery - but legalized here in US....the smart people here didnt want to get caught....so legislators can make lobbyists like Jack Abramoff and ilk - scapegoats.....



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  • gccovet
    08-05 04:10 PM
    WOW!!!!!!!!!!Rolling_Flood will be ROFLOL!!!!!!
    What a waste of time, folks!!!!





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  • Macaca
    12-28 07:44 PM
    Why Nobel laureate Obama will not cry for Binayak Sen (http://blogs.timesofindia.indiatimes.com/Main-Street/entry/why-nobel-laureate-obama-will-not-cry-for-binayak-sen) By Shobhan Saxena | Times of India

    Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.

    But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.

    But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�

    The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.

    Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��

    In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.

    Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?

    Why the Americans don�t treat Sen at par with Liu?

    The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."

    Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?

    Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.

    But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.



    Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
    Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
    Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
    Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC



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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..





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  • nogc_noproblem
    08-05 01:40 PM
    A little girl asked her mother, 'How did the human race appear?'

    The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

    Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

    The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

    The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'



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  • chanduv23
    03-23 03:50 PM
    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.





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  • gcgonewild
    07-28 01:59 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)



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  • unitednations
    07-08 04:44 PM
    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.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.





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  • unitednations
    03-26 06:11 PM
    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.

    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.



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  • pbojja
    07-15 10:25 AM
    Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?

    Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?





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  • shensh
    04-09 10:03 AM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

    If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.



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  • gcgonewild
    07-28 01:59 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)





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  • Dandruff
    03-25 11:58 AM
    Heres what we did, the key is to find a lot/ house that will sell ASAP:

    a) Paid a little bit premium for a quickly selling house - in our case we paid extra for a lakefront lot.

    b) Paid a little bit less on House itself (new construction - so we selected a less expensive floorplan)

    c) combined House + Lot is still in the lower end of the subdivision range.

    d) you should aim for the cheapest house in the most expensive community/ subdivision you can afford - on the other side, never buy the house which is more expensive than others around it ... u want other houses to increase ur value and not the other way around.

    e) keep good paperwork for regular pest / termite treatments etc. just like it helps in selling the car

    f) pay a bit extra for extra insulation - even upgrade insulation for garage door

    If we have to sell the house in a rush, we have atleast done everything one could ... rest is umm beyond our hands with all this unpredictability :)

    best of luck! nesting instincts need to be nurtured imho! and is very human ...



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  • nogc_noproblem
    08-28 10:07 PM
    Married for Money:

    "It's just too hot to wear clothes today," Jack says as he stepped out of the shower. "Honey, what do you think the neighbors would think if I mowed the lawn like this?"

    "Probably that I married you for your money," she replied.





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  • trictrac
    08-02 12:49 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?





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  • mariner5555
    04-25 02:45 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..





    Macaca
    12-27 06:34 PM
    Scamsters dictionary (http://timesofindia.indiatimes.com/home/opinion/edit-page/Scamsters-dictionary/articleshow/7173788.cms) By Dilip Bobb | Times of India

    Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.

    The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.

    It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).

    Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.

    So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.

    For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.

    We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.

    Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.



    What we need is really techno technology (http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/what-we-need-is-really-techno-technology) By Jug Suraiya | Times of India





    Munna Bhai
    07-09 05:06 AM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

    Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.

    But do get intouch with old company.



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