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unitednations
08-02 12:03 PM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year.You can find this fact in the I-485 Adjudicator's manual.
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485.However, they ask in RFE sometimes.Why do they do that?
USCIS asks for photos of office in h-1b rfe's.There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations.However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward.However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L a*sume by default that a person has intention of immigrating.The onus is on us to show that we are not going to do that.Unfortunately, uscis is turning the same way in adjudicating of benefits.They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485.However, they ask in RFE sometimes.Why do they do that?
USCIS asks for photos of office in h-1b rfe's.There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations.However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward.However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L a*sume by default that a person has intention of immigrating.The onus is on us to show that we are not going to do that.Unfortunately, uscis is turning the same way in adjudicating of benefits.They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
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jvordar
08-03 12:36 AM
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple.USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll.Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky.They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state.I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b.Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation).I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center.when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment.These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe.One of the things they have started to ask for is a table of people whom h-1b's have been filed for.Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date.California service center then intertwines this information with company unemployment compensation reports.I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
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These days; uscis/dol/dos really means business.I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company.They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months??so for e.g.if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc?am i understanding this correct?i think i'm not...can you please clarify??thnx
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll.Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky.They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state.I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b.Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation).I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center.when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment.These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe.One of the things they have started to ask for is a table of people whom h-1b's have been filed for.Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date.California service center then intertwines this information with company unemployment compensation reports.I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business.I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company.They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months??so for e.g.if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc?am i understanding this correct?i think i'm not...can you please clarify??thnx
hiralal
06-04 10:07 PM
here is a good point about long term housing prospects.I for one am glad that GC delay saved me from buying a house.
this is from an article
------------------------------------
Why do I think housing is in the tank for the long term?
First, I listen to people smarter than I am - a key to success from investing to recreation league baseball.When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach.They were winners the next season.Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson.They have been dead on about the mortgage meltdown - and see a larger one coming.
Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue.Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.
* Typically ten to fifteen percent of Americans sell or want to sell their home in a given year.Recent survey data shows the number is now 30%.Keep that in mind.
* New home sales are incredibly low.Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight.New home starts are roughly half of that and there ain't no rebound.As the poet said, times, they be a changing.
* People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures.Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.
This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see.I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012.I may have been premature.With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory.Assuming demand picks up - a near heroic a*sumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.
I have focused on supply - was I too cavalier about demand?Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.
Using fourth grade math as our primary tool does have value in estimating demand.Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time.And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes.Most of this demand is gone for the foreseeable future.Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006.Even if the FHA does not go bust - which it will, requiring another Treasury bailout.
this is from an article
------------------------------------
Why do I think housing is in the tank for the long term?
First, I listen to people smarter than I am - a key to success from investing to recreation league baseball.When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach.They were winners the next season.Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson.They have been dead on about the mortgage meltdown - and see a larger one coming.
Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue.Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.
* Typically ten to fifteen percent of Americans sell or want to sell their home in a given year.Recent survey data shows the number is now 30%.Keep that in mind.
* New home sales are incredibly low.Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight.New home starts are roughly half of that and there ain't no rebound.As the poet said, times, they be a changing.
* People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures.Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.
This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see.I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012.I may have been premature.With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory.Assuming demand picks up - a near heroic a*sumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.
I have focused on supply - was I too cavalier about demand?Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.
Using fourth grade math as our primary tool does have value in estimating demand.Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time.And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes.Most of this demand is gone for the foreseeable future.Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006.Even if the FHA does not go bust - which it will, requiring another Treasury bailout.
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sanju
04-07 11:44 AM
If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year.Without union support same thing is going to happen this year as last year.IV members has to wait years to get gc.They will use H1b as shield to gc reform and no one will get anything.Possiblity is H1b and GC provisions can be pa*sed without much visiblity when CIR is pa*sed.Majority of US people does not want unlimited immigration in any section whether legal or illegal.Opinion polls show that.US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal.That is the problem
How do you find H1 quota to be "unlimited"?And how is this bill going to prevent "unlimited numbers" that did not exist in the first place?I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr.Does this increase make H1 quota "unlimited".I am ignorant about it, could you please help me understand.
How do you find H1 quota to be "unlimited"?And how is this bill going to prevent "unlimited numbers" that did not exist in the first place?I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr.Does this increase make H1 quota "unlimited".I am ignorant about it, could you please help me understand.
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rima1805
03-23 09:36 AM
my greencard is filed under EB3 category and it looks like a long wait.My PD is 2003 Nov and i am an indian.We've been debating whether to buy a house when 485 is pending.what is the risk involved?how many people are in a similar situation?I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment.Now with housing market going down as well, we are in a tight spot and have to make a decision quickly.I would appreciate any suggestion in this regard.
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt.My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity.Try one of the "rent vs buy" online calculators to see how much more you would have to pay.For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome.This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain!We recently had my parents from India stay for 6mo with comfort.Try that in an apt.In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks.Good luck!
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt.My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity.Try one of the "rent vs buy" online calculators to see how much more you would have to pay.For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome.This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain!We recently had my parents from India stay for 6mo with comfort.Try that in an apt.In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks.Good luck!
I am no supporter of either party.To be fair, the economy could have collapsed without him and most of us could have been back home by now.
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