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  • leoindiano
    03-23 11:54 AM
    it would be interesting to see if you would really get an email from them and if that is really from USCIS.

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  • delax
    07-13 05:17 PM
    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.

    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

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  • pmb76
    12-20 02:03 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

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  • file485
    07-17 12:46 PM
    thanks UN for your posts..

    we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..

    I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..

    In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?


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

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

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

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

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

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

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

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

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  • abcdgc
    12-27 12:27 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?


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  • adusumilli
    08-05 02:18 PM
    can some admin close this thread

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  • Macaca
    05-16 05:52 PM
    China�s recent obstreperousness may yet backfire, frightening the United States and its Asian partners into doing more to balance against its growing power. For now, however, the alarming news is that China�s strategy seems to be working much better than America�s. Washington has made basically no progress in pushing China toward democracy, nor has it succeeded in persuading Beijing to abandon ambitions�like controlling the entire South China Sea�that threaten the interests of America�s allies. For its part, China�s Communist Party remains firmly in command. Meanwhile, as China�s economy and military have matured, it has begun to mount a serious challenge to America�s position in Asia.

    Beijing has now become the most important trading partner for the advanced industrial nations of Northeast Asia and Australia, as well the comparatively poor countries on its frontiers. It is a leading investor in infrastructure development and resource extraction across the region. These thickening commercial ties have already begun to complicate calculations of national interest in various capitals.

    China�s rapid economic growth has also enabled a substantial expansion in military spending. And Beijing�s buildup has begun to yield impressive results. As of the early 1990s, the Pacific was, in essence, a U.S. lake. Today, the balance of military power is much less clearly in America�s favor, and, in certain respects, it has started to tilt toward China. While its arsenal remains comparatively small, Beijing�s ongoing deployment of intercontinental ballistic missiles will give it a more secure second-strike nuclear capability. Washington�s threat to use nuclear weapons, if necessary, to counter Chinese aggression against its allies is therefore dwindling toward the vanishing point. As happened during the cold war, once the Soviets achieved a form of nuclear parity, the burden of deterrence will fall increasingly on the conventional forces of the United States and its allies. And, here, the trends are, if anything, more worrisome. Since the mid-1990s, China has been investing heavily in so-called �anti-access� capabilities to deter or defeat American efforts to project power into East Asia. People�s Liberation Army (PLA) strategists appear to believe that, with enough highly accurate, conventionally armed ballistic and cruise missiles, they could, in the event of a confrontation, deny U.S. forces the use of their regional air and naval bases and either sink or push back the aircraft carriers that are the other principal platform for America�s long-range power projection.

    If the PLA also develops a large and capable submarine force, and the ability to disable enemy satellites and computer networks, its generals may someday be able to convince themselves that, should push come to shove, they can knock the United States out of a war in the Western Pacific. Such scenarios may seem far-fetched, and in the normal course of events they would be. But a visibly deteriorating balance of military power could weaken deterrence and increase the risk of conflict. If Washington seems to be losing the ability to militarily uphold its alliance commitments, those Asian nations that now look to the United States as the ultimate guarantor of their security will have no choice but to reassess their current alignments. None of them want to live in a region dominated by China, but neither do they want to risk opposing it and then being left alone to face its wrath.

    When he first took office, Barack Obama seemed determined to adjust the proportions of the dual strategy he had inherited. Initially, he emphasized engagement and softpedaled efforts to check Chinese power. But at just the moment that American policymakers were reaching out to further engage China, their Chinese counterparts were moving in the opposite direction. In the past 18 months, the president and his advisers have responded, appropriately, by reversing course. Instead of playing up engagement, they have been placing increasing emphasis on balancing China�s regional power. For example, the president�s November 2010 swing through Asia was notable for the fact that it included stops in New Delhi, Seoul, Tokyo, and Jakarta, but not Beijing.

    This is all to the good, but it is not enough. The United States cannot and should not give up on engagement. However, our leaders need to abandon the diplomatic �happy talk� that has for too long distorted public discussion of U.S.-China relations. Washington must be more candid in acknowledging the limits of what engagement has achieved and more forthright in explaining the challenge a fast-rising but still authoritarian China poses to our interests and those of our allies. The steps that need to be taken in response�developing and deploying the kinds of military capabilities necessary to counter China�s anti-access strategy; working more closely with friends and allies, even in the face of objections from Beijing�will all come with steep costs, in terms of dollars and diplomatic capital. At a moment when the United States is fighting two-and-a-half wars, and trying to dig its way out from under a massive pile of debt, the resources and resolve necessary to deal with a seemingly distant danger are going to be hard to come by. This makes it all the more important that our leaders explain clearly that we are facing a difficult long-term geopolitical struggle with China, one that cannot be ignored or wished away.

    To be sure, China�s continuing rise is not inevitable. Unfavorable demographic trends and the costs of environmental degradation are likely to depress the country�s growth curve in the years ahead. And this is to say nothing of the possible disruptive effects of inflation, bursting real-estate bubbles, and a shaky financial system. So it is certainly possible that the challenge posed by China will fizzle on its own.

    But if you look at the history of relations between rising and dominant powers, and where they have led, what you find is not reassuring. In one important instance, the United States and Great Britain at the turn of the twentieth century, the nascent rivalry between the two countries was resolved peacefully. But in other cases�Germany and Britain in the run-up to World War I, Japan and the United States in the 1930s, and the United States and the Soviet Union after World War II�rivalry led to arms races and wars, either hot or cold. What saved the United States and Britain from such a clash was in part the similarity of their political systems. What made conflict likely in the latter scenarios were sharp differences in ideology. And so, unless China undergoes a fundamental transformation in the character of its regime, there is good reason to worry about where its rivalry with the United States will lead.

    Aaron L. Friedberg is a professor at Princeton University and the author of the forthcoming book A Contest for Supremacy: China, America, and the Struggle for Mastery in Asia

    Dr. K�s Rx for China ( By Niall Ferguson | Newsweek
    The China Challenge ( By Henry Kissinger | Wall Street Journal
    Henry Kissinger on China ( By MAX FRANKEL | New York Times
    Modest U.S.-China progress ( The Japan Times Editorial
    U.S.-China's Knotty but Necessary Ties ( By John Pomfret | Council on Foreign Relations
    Do Americans hold �simple� ideas about China's economy? ( By Michael Schuman | The Curious Capitalist


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  • abcdgc
    12-27 12:25 AM
    Don't you think Pakistan already knows that?

    There is a difference between knowing and believing. Pakistan thinks that US will apply pressure and the war will not happen. I don't think so....

    India must conduct surgical strikes immediately and let the ball be in Pakistan's court. The world opinion will be with India to attack terrorist camps. If Pakistan uses nuclear weapons, so be it. First of all non of the 5 test conducted in 1998 were Pakistani devices. Those devices were Chinese and exploded by Chinese engineers. I don't think Pakistan has a workable nuclear weapon. And even if Pakistan has nuclear weapon, we know how to respond. This is war of the civilizations.

    Pakistani PM/FM is shouting in the media - We will respond - because they know they don't have what it takes to respond. So they have to compensate with shouting in the microphone. But to answer your question, Pakistan don't know and Pakistan don't understand the outrage in public of India. India is a democracy and over 80%-90% of people wants to respond to the war. If party in power do not respond, they will lose miserably in the next election. Pakistan doesn't know/understand this because Pakistan is not a democracy.

    Do you mean to say that the state and the government of Pakistan did this?

    Absolutely. ISI is part of Government of Pakistan.

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  • adusumilli
    08-06 07:38 AM
    see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.


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  • JunRN
    06-06 12:02 AM
    What if a builder offer you a new home with a fixed monthly mortgage that is equal to or lower than your monthly rental on similarly sized home at same zip code, will you take it?

    note: Given that you will get $8k stimulus money to recover your downpayment.

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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?


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  • mbartosik
    09-29 12:05 PM
    My primary reason for supporting Obama is environment...

    Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.

    I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).

    McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.

    See my solar system install here:
    - it's impressive.

    So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
    I support Obama with contributions -- since I cannot vote.
    I also support IV with contributions.

    My political slogan:
    "Blow baby blow"
    "Shine baby shine"
    - Renewable energy is the future, it is made in the USA!

    Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.

    However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.

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  • Sunx_2004
    07-11 12:23 PM
    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to and look for foreign labor certification; there are FAQ's on perm labors and h-1b

    8) go to and read the INA and CFR's


    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...

    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.



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  • Macaca
    03-06 09:02 PM
    Foriegn Labor Certification ( International Talent Helping meet Employer Demand | Performance Report: Mar 28 2005 - Sep 30 2006, Office of Foriegn Labor Certification, Employment and Training Administration, US Department of Labor
    Driving jobs and Innovation Offshore ( The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
    Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (, CRS Report for Congress, Updated January 23, 2007
    The Contribution of Legal Immigration to the Social Security System ( By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
    From Brain Drain to Brain Circulation ( Communities and Regional Upgrading in India and China By AnnaLee Saxenian
    Brain Circulation: How High-Skill Immigration Makes Everyone Better Off ( By AnnaLee Saxenian | THE BROOKINGS REVIEW
    Winter 2002 Vol.20 No.1
    The International Mobility of Entrepreneurs and Regional Upgrading in India and China ( By AnnaLee Saxenian, September 7, 2007
    Education, Entrepreneurship and Immigration ( America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
    America’s New Immigrant Entrepreneurs ( Part I
    The new Argonauts (

    Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (, DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006

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  • ArkBird
    01-06 05:32 PM
    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.

    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.


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  • spicy_guy
    09-19 07:53 PM
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah

    You will reap the benefits when you retire. Not now

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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? ( D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three less credibility to the person's argument.

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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - (

    And who was rich first and does not consider his house as an investment!

    12-27 01:17 AM
    You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
    But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.

    Let me give you a proof about Kayani, not that you will agree with it, but I will give it a shot anyways.

    Pakistan PM agreed to send ISI DG to India when he spoke with Indian PM. Later Zardari also publicly agreed to send ISI DG. Next day the three i.e. Gilani, Zardari and Kaayani had a meeting. After the meeting Pakistan announced that Pakistan will not send ISI DG to India. Now, if Gilani and Zardari agreed to send ISI DG, why the conclusion of the meeting was with the decision that ISI DG will not go to India. It was the starting point of escalation. Who triggered it? Kaayani. This is a well covered report. The point is, if sending ISI DG could deescalate the situation, and if India is asking to send ISI DG, why would Pakistan not send ISI DG even after PM and President agreed sending Pasha to India? Kaayani was himself ISI chief when Musharraf was President/Army Chief. The point is Hamid Gul, Kaayni and Pasha are all same group of cheats.

    05-24 11:59 AM
    how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.

    And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?

    Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.

    The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.

    Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.

    Americans are simply not enrolling in these high risk, hard work professions. period. QED.
    What say you?

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