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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





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  • xyzgc
    12-27 12:00 AM
    In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.

    Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.

    The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.

    The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.

    For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.

    If the war begins, this will be my last post.

    Adios



    As usual, well-said, we are not war mongering. we are not hate mongers.
    I have very similar thoughts but I could not have articulated it so well.

    Respond swiftly and finish it off because people like you and me get a chance to react and think too much.

    Too much thinking, weighing too many pros and cons creates confusion. When you are confused, you don't act. When you don't act, a fresh wave of terrorist attacks comes in. Terrorists are everywhere - temples, hotels, buses, trains - even your senate (parliament). Then you catch some terrorists .

    Ok, so you caught the one that attacked your parliament. There is a clear evidence, yet the questions remain.
    Should I hang them or should I not hang them?
    If I hang them, will they be martyrs? So what should I do with them? Should I feed them dal chawal or should I feel them dal roti? Ok, now Mufti's daughter is kidnapped, so should I release them, should I not release them?

    You still keep scratching your head. What should I do? Should I do this or should I do that? Pakistan is a nuclear power. Gilani keeps chanting that like mantra, what if there is nuclear war? What if it destabilizes the country further? why not let Pakistan die its own death - its a failed state (no sir, it may be a failed state but there are managing to get all the aid in the world, China is helping them, America is helping them, IMF is helping them, Asia Bank is helping them..they are not going to die anytime, they are walking away scot-free but they are slowly killing you, eating your house like termites - wake up and realize that!!)

    If you have roaches in your house or you have vermin in your farms, do you keep thinking what you should do about them? Exterminate them. Does it mean the roaches will go away? Probably not. But you do your job first and raise questions later. If they come in, you kill them again. you do your job and keep doing it.

    Just my opinion.





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  • acecupid
    08-06 06:17 PM
    A young man walked into a jewelry store one Friday evening with a
    beautiful young gal at his side.

    He told the jeweler he was looking for a special ring for his
    girlfriend. The jeweler looked through his stock and brought out a
    $5,000 ring and showed it to him.

    The young man said, "I don't think you understand, I want something
    very
    special. "

    At that statement, the jeweler went to his special stock and brought
    another ring over. " Here's a stunning ring at only $40,000, " the
    jeweler said.

    The young lady's eyes sparkled and her whole body trembled with
    excitement.

    The young man seeing this said, "We'll take it. "

    The jeweler asked how payment would be made and the young man stated, "
    by cheque."

    "I know you need to make sure my cheque is good, so I'll write it now
    and you can call the bank Monday to verify the funds and I'll pick the
    ring up Monday afternoon. "

    Monday morning, a very teed-off jeweler phoned the young man. " There's
    no money in that account."

    "I know ", said the young man, "but can you imagine the weekend I had?





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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    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.



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  • LostInGCProcess
    08-05 03:56 PM
    ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....

    Don't worry too much about GC...it would ruin your life if you think a lot about it.

    We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.

    So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.

    just my thoughts :)





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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.



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  • mariner5555
    04-09 07:29 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.


    o.k. ..Thanks.
    In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
    ..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
    I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)





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  • nogc_noproblem
    08-05 12:33 PM
    A Kentucky couple, both bona fide rednecks, had 9 children.

    They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.

    Why after nine children, would they choose to do this?

    The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.



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  • abcdgc
    12-27 01:06 AM
    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

    Why are you so obsessed with Jews? No reason to go in circles trying to obfuscate the subject.

    Are you not from Pakistan? Why are you asking others to explain the reason why Pakistani Prime Minister/Foreign Minster and ISI is doing what they are doing? Shouldn't you be the one to explain why they are doing all this drama? Why are you asking others to explain why your country is behaving erratically?





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  • django.stone
    09-26 07:03 PM
    I agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.

    Reasons for Indians to support Democrats -

    1. Generally religion neutral and not influenced by christian right wing
    2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
    3. Tendency to help human/environment suffering
    4. Afraid of military draft that could recruit our kids

    Reasons for Indians to support Republicans -

    1. Supportive of outsourcing which is one of the many reasons our home country is flourishing these days
    2. Supportive of entrepreneurship, which many if not all Indians plan to pursue at some point in their life time in USA
    3. Lower taxes so you can spend your money rather than have govt spend it for you in things you don't need (such as bear research in Montana for $3MM)
    4. Privatize social security so you can keep you own contributions rather than throw it into the common pool. Let me explain this a bit here. Indians contribute to SS all their life until 65, but never get to enjoy it as rarely we live past 65. Life expectancy of Indian women is around 60 and men is around 55, rarely we live up to 75+ like Caucasians. What happens to the money we contribute to the common pot? It is enjoyed by somebody else, if we had private accounts, you can retire around 55 and enjoy your contribution till you live.
    5. Family values of Indians very much like the value system of middle-america's republican base - religious, hard working, humility, respect for elders, american dream of owning a 3bed-2bath house with a yard, cul-de-sac and basketball etc.
    6. Aligned with Indian govt's views on fighting terrorism
    7. Allow your kid to go to private school of your choice with your tax dollars, rather than force you to send your kid to public school in your area

    Immigration

    Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.

    If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.



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  • GCBatman
    01-06 01:04 PM
    Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"

    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?





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  • jasmin45
    06-05 08:13 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I couldn't agree more with you on this.



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  • Macaca
    08-14 11:27 AM
    Convention Party Favors Include Face Time (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081301067.html?hpid=topnews) By Jeffrey H. Birnbaum Washington Post Staff Writer, August 14, 2007

    Congress just completed ethics legislation designed to put distance between lawmakers and the interests that seek favors from them.

    But the people in charge of next summer's presidential nominating conventions are busy selling package deals that would put them closer together.

    The host committees of 2008's biggest political gatherings are soliciting corporations, wealthy individuals and others with a lot at stake in government decisions for seven-figure payments. In exchange, the givers receive all sorts of goodies, including access to lawmakers and other politicians. The more money the donors spend, the more access they get. Donors also garner valuable publicity for their businesses and the convention's locale, which has its own commercial payoff.

    Microsoft and AT&T, to name two, have been high-profile donors to the host committees of previous conventions.

    At the Republican convention in Minneapolis-St. Paul, donors of $5 million or more will receive (among many other things) a private dinner and a separate golf outing with the Republican leadership, according to a list of benefits distributed by the host committee.

    At the Democratic convention in Denver, a million-dollar contribution purchases invitations to a series of private events that feature Colorado's governor, Denver's mayor and members of the state's congressional delegation, among other special advantages.

    The host committees do not hide their cash-for-access offers; they flaunt them. "As a corporate sponsor, you will be invited to exclusive forums and special events where you will interact with our state's and the nation's government and business leaders," the Democratic solicitation states. "In financial terms, your sponsorship is an investment in the future."

    The host committees, which are run by local officials separate from the political parties, collect the tens of millions of dollars needed to put on the extravaganzas, which next year will take place for the Democrats in late August and for the Republicans in early September.

    Yet the marketing comes at a sensitive time. Congress just passed -- and President Bush is likely to sign into law soon -- a bill that aims to restrain the amount of influence lobbyists and their clients will have at the conventions.

    The legislation aims to stop lobbyists and lobbying groups from paying for lavish parties that honor the lawmakers and the congressional committees they are hired to influence most. Such parties, a staple of the previous conventions, have been criticized by government-reform groups as giving undue clout to interests that have lots of money.

    But the bill is silent about other kinds of parties and events, including those put on by the host committees. And those not only will continue but also appear likely to proliferate.

    Top givers to the GOP convention are invited to a private reception that will include Minnesota Gov. Tim Pawlenty, Sen. Norm Coleman and local mayors. They also will have the right to advertise in prime locations throughout the Twin Cities.

    The biggest contributors to the Democratic convention get invitations to all events sponsored by the host committee and special recognition in all host-committee publications.

    The nominating conventions, which are held in the late summer before presidential elections, have offered similar benefits packages before. Sponsors are the primary source for the money needed to put on these massive events, which bring together delegates from every state, a who's who of the nation's political establishment and journalists from around the world.

    Host committee representatives said they are promoting their cities and are seeking funds from corporations and others who want to make an impression locally and to a large national audience. Acting as a go-between for lawmakers and the interests that want to persuade them is a much more minor concern, they say.

    "We're not here to put on a bunch of parties to honor a bunch of individual members" of Congress, said Jeff Larson, interim chairman of the Minneapolis-St. Paul host committee. "We want to promote the quality of life we have here in Minnesota."

    "We're reaching out to a lot of constituencies, not just members of Congress," said Elbra Wedgeworth, president of the Denver host committee. "We are hoping to promote the Rocky Mountain west."

    Washington gadflies, however, see more calculation than that. Easy access to lawmakers and other senior Washington officials, they say, has long been a major attraction of these conventions and will remain so despite the recent legislation.

    "It's ironic given that the last thing Congress did before the August break is pass lobbying reform that included a provision limiting the parties that can be thrown at these conventions," said Melanie Sloan of Citizens for Responsibility and Ethics in Washington. "That would suggest that they didn't mean it, which will really come as a surprise to no one."





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  • manub
    07-08 10:51 PM
    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.



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  • msp1976
    02-16 10:45 AM
    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.

    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.





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  • lfwf
    08-06 04:13 PM
    Are you pascal with a different ID by any chance? :), I don’t know, I thought I saw pascal id above the previous post before the id changed to Ifwf

    Don't know how you saw that :-)
    I wish, but no! How do you change the id on a post anyway? And if you delete a post it should show as a deleted post shouldn't it? If you know, share the secret, might be of some use :-)))

    ps: Might involve a serious gender change too!



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  • mrajatish
    07-08 07:22 PM
    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.

    Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.

    It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.

    My earnest prayers with you - please find a good lawyer to represent your case.





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  • insbaby
    03-24 09:07 AM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??


    True.

    Most of the answers in this thread point that you need to have a good life when you and your kids are young. Not for people who want to get money out of an investment.

    Also a reply suggests what you can do in worst case.

    Don't count how many days you are going to be in this country, but live every day for you and your family.

    I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?

    They should not end up as "GC" victims.

    I just decided its my responsibility to give them a good living environment when they are young if I can. I dont' care about downpayment. If I was good enough to save the downpayment amount in 4 years, surely I can earn it back in 2 years somewhere in worst case scenario.

    Credit score? Sorry, I already built the score and bought the home, now I have many other things to worry about in life.





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  • HawaldarNaik
    12-26 07:48 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...





    lfwf
    08-05 07:03 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.


    The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.


    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.

    I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
    So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?




    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.





    ksr
    08-14 05:45 PM
    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available


    Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.



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