unitednations
03-26 05:29 PM
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
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insbaby
03-25 07:05 AM
Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
rbalaji5
07-13 02:03 PM
But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.
What you said is correct.?.
EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.
Can you give preference to 12th Standard guy instead of Engineering guy.
I agree with Pappu
Each employment based categories are for different levels.
Wakeup EB2s..
Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.
What you said is correct.?.
EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.
Can you give preference to 12th Standard guy instead of Engineering guy.
I agree with Pappu
Each employment based categories are for different levels.
Wakeup EB2s..
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coopheal
07-15 07:16 AM
I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
Best luck for this.
Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
Best luck for this.
Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.
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anandrajesh
03-24 03:31 PM
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.
I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.
Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.
I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.
Refugee_New
01-06 01:05 PM
Got a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
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spbpsg
03-24 12:54 PM
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.
I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.
I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.
I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.
I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.
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nogc_noproblem
08-06 11:56 AM
A cardiologist died and was given an elaborate funeral.
A huge heart covered in flowers stood behind the casket during the service. Following the eulogy, the heart opened, and the casket rolled inside. The heart then closed, sealing the doctor in the beautiful heart forever.
At that point, one of the mourners burst into laughter. When confronted, he said, "I'm sorry, I was just thinking of my own funeral. You see I'm a gynecologist."
At that point, the proctologist fainted.
A huge heart covered in flowers stood behind the casket during the service. Following the eulogy, the heart opened, and the casket rolled inside. The heart then closed, sealing the doctor in the beautiful heart forever.
At that point, one of the mourners burst into laughter. When confronted, he said, "I'm sorry, I was just thinking of my own funeral. You see I'm a gynecologist."
At that point, the proctologist fainted.
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unitednations
08-08 04:33 PM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
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Gravitation
03-25 04:20 PM
www.realtytrac.com (http://www.realtytrac.com) will give you a list. But its $40.month. I heard you can get some stale info.
Go to biggerpockets.com Its like IV forum. It will give all the info on how to learn, swim and survive in real estate ocean.
BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month. Another good site for real estate investors is mrlandlord.com. Though I don't think there are many investors here.
Go to biggerpockets.com Its like IV forum. It will give all the info on how to learn, swim and survive in real estate ocean.
BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month. Another good site for real estate investors is mrlandlord.com. Though I don't think there are many investors here.
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lonedesi
06-01 06:22 PM
I admire the manner in which you eloquently conveyed the message. You are just too good. Keep it up.
The culture of rant, the tendency of being angry at all times has landed success to many broadcast journalists, authors and politicians.
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
The culture of rant, the tendency of being angry at all times has landed success to many broadcast journalists, authors and politicians.
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
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ita
07-14 11:24 AM
Wll support campaign for EB3 . Please let this happen.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
more...
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logiclife
05-31 05:25 PM
The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.
Read the smart Einstein-like man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.
Read the smart Einstein-like man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.
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DSJ
05-16 09:59 AM
:p :p I like this most. Lets move on...
Let�s worry about our survival rather than the survival of TCS, Infy etc.
Let�s worry about our survival rather than the survival of TCS, Infy etc.
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qasleuth
03-24 02:55 PM
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
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desi3933
08-05 03:26 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
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Macaca
08-07 07:38 PM
Tougher Rules Change Game for Lobbyists (http://www.nytimes.com/2007/08/07/washington/07lobby.html?_r=1&oref=slogin) By DAVID D. KIRKPATRICK New York Times, August 7, 2007
WASHINGTON, Aug. 6 � H. Stewart Van Scoyoc, founder of one of the biggest lobbying firms in Washington, spent an anxious morning with his lawyer last week assessing the far-reaching ethics and lobbying rules Congress had passed the day before.
The first worry was what lobbyists are calling the new �temptation rules.� Not only do they bar lawmakers and aides from accepting any gifts, meals or trips from lobbyists, they also impose penalties up to $200,000 and five years in prison on any lobbyist who provides such freebies.
And worse still for Mr. Van Scoyoc, under the new law he is required to certify each quarter that none of the 50 lobbyists in his firm bought so much as a burger or cigar for someone on a lawmaker�s staff.
�You are basically asking people to certify, with big penalties, that nobody has lied on their expense accounts,� Mr. Van Scoyoc said, marveling at the complexity of policing such casual contact between lobbyists and Congressional aides. �These are people who are sharing apartments together, playing on the same softball teams, each other�young people with active social lives.�
The new law has quickly sent a ripple of fear through K Street. It comes amid signs that federal prosecutors are taking a newly aggressive approach to corruption cases � including treating campaign contributions as potential bribes.
By requiring them to certify the good behavior of their employees, the law puts lobbyists at new legal risk and could subject them to new pressure from prosecutors. And new centralized disclosures of lobbyists� campaign contributions, fund-raising activities and even their achievements � in the form of Congressional earmarks in spending bills � make it only easier for federal investigators to paint unflattering portraits of lobbyists� influence.
�It will be easier to connect dots,� said Ted Van Der Meid, a Washington lawyer who was counsel to Representative J. Dennis Hastert when he was House speaker. �Even if there shouldn�t be a connection, you are going to have to explain to them how the way they connected the dots is not what you intended. You are going to have to basically prove your innocence.�
Stanley Brand, a longtime Washington defense lawyer who usually represents Democrats, said the law was a sea change. �It should send shivers down lobbyists� spines,� Mr. Brand said. �It is a minefield now.�
These are hardly the first restrictions, of course. Internal rules already barred lawmakers or senior staff members from accepting a gift or a meal worth more than $50 from a lobbyist. But the rules were rarely, if ever, enforced and did not govern lobbyists.
President Bush has not said whether he would sign the bill, but it is already changing the culture of Capitol Hill in myriad ways, beginning with more Dutch treats and fewer steak dinners.
Lobbying firms are racing to train employees in the new rules. One firm, fearful that prosecutors might try to use the expanded disclosures to link official actions to campaign contributions, has sent letters to its clients advising them how to respond if a lawmaker brings up fund-raising in a conversation about policy or procurements. �We would love to have this conversation, but it would have to be at another time� is the short answer.
One lobbyist, who would speak only anonymously to avoid attracting the attention of prosecutors or rivals, said he had started sending himself date-stamped e-mail to create a record of every phone conversation he had with a lawmaker. Then he stopped making campaign contributions.
Another lobbyist recently scaled back the menu at a breakfast briefing for lawmakers, offering bagels and cream cheese instead of ham and eggs. The rules permit lobbyists to provide refreshment of �only nominal value.� The House ethics committee guidelines suggest �light appetizers and drinks, or soda and cookies,� a standard that is known as �the toothpick test.�
The firm also advised a client distributing flashlights on Capitol Hill � to promote government openness � to make sure not only that they cost less than $10 each but also that they looked cheap, to avoid the appearance of impropriety.
And the �staff briefing� � in which a lobbyist enticed Congressional staff members to hear a talk about some dry legislative concern by offering pizza � has become extinct. No one will come without the free food.
Lobbyists complain that Congress is unfairly punishing them for the misdeeds of its own members, not to mention ruining the social lives of innocent and underpaid staff members.
�All those people who grew up in the system � who aren�t evil-doers, just good people � used to be able to entertain and have fun,� lamented Jim Ervin, a veteran military industry lobbyist.
Jan Baran, a longtime Republican lawyer whose clients include lobbyists, said: �There is a great deal of resentment. It�s �the devil made me do it,� and the devil this time happens to be lobbyists. They get tarred with corruption, and the next day they get mail from all the same lawmakers who are blaming lobbyists saying, �I have a fund-raiser next week � don�t forget to contribute!� �
Many lobbyists say the rules pose dilemmas. Blocking them from buying dinners or trips for lawmakers, lobbyists say, will only force them to spend more time and money at political fund-raisers to get the same access.
For lawmakers, one of the most contentious elements of the package is the requirement that candidates disclose the names of federally registered lobbyists who solicit and �bundle� contributions. But lobbyists say the recognition may only encourage them to bundle. Ties to lawmakers are calling cards for clients.
�That is not going to be viewed as the mark of Cain or anything,� Lawrence O�Brien III, a Democratic lobbyist and fund-raiser, said dryly. �It could be perceived as bragging rights.�
Other lobbyists, though, worry that prosecutors� new tactics could make fund-raising more perilous. In plea agreements involving the lobbyist Jack Abramoff and former Representative Randall Cunningham, prosecutors have treated certain campaign contributions as bribes for official favors, something almost never done before.
For lobbyists � who live at the nexus of contributions and favors � it is an alarming trend. �They might as well just pull up the paddy wagon outside the Capital Grille,� one lobbyist said, referring to a clubby steakhouse near the Capitol that is a well-known K Street hangout.
Between the ban on buying dinners and the scrutiny of fund-raising, �It is a lose-lose situation,� said James Dyer, a lobbyist at Clark & Weinstock.
A self-described �earmarks guy� who specializes in spending items, Mr. Dyer said the new rules were an invitation to scandal hunters. For the first time, the law will require disclosure of both the lawmakers who sponsor such items and the campaign contributions of the lobbyists who seek them.
�It is a road map that says, �Hey, come look at me; I have got my name against an earmark,� � he said.
Some loopholes exist. At the annual Aerospace Industries Association trade show in Paris last month, for example, military contractors treated a gaggle of senators to luxurious receptions at galleries, parks and hotels � all permitted under an exception for �widely attended events.�
But John W. Douglass, the group�s president, said the new rules were putting a damper on such events. �Who wants to go to a hot, crowded cocktail party,� Mr. Douglass said, �and have to worry every time the guy brings the hors d�oeuvres tray up, �Should I do this or not?� �
Still, some lobbyists and lawyers wondered privately how long the new carefulness would last.
At the Capital Grille the evening after final passage of the new lobbying bill, private wine lockers by the door still bore the names of several prominent lobbyists. Two mounted stag heads were the only sentries policing the dimly lit bar. Shaking a Belvedere Vodka martini for a lone defense contractor, a bartender leaned in to offer his thoughts.
�What happens at the Capital Grille,� the bartender said, �stays at the Capital Grille.�
Fundraisers Tap Those Who Can't Say No (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601403.html) 'Bundlers' Look to Associates, Employees for Campaign Cash By Matthew Mosk Washington Post Staff Writer, August 7, 2007
Draining the 'Swamp' Is Not So Easy (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601298.html) Skeptics Question Bite of Ethics Rules By Elizabeth Williamson Washington Post Staff Writer, August 7, 2007
WASHINGTON, Aug. 6 � H. Stewart Van Scoyoc, founder of one of the biggest lobbying firms in Washington, spent an anxious morning with his lawyer last week assessing the far-reaching ethics and lobbying rules Congress had passed the day before.
The first worry was what lobbyists are calling the new �temptation rules.� Not only do they bar lawmakers and aides from accepting any gifts, meals or trips from lobbyists, they also impose penalties up to $200,000 and five years in prison on any lobbyist who provides such freebies.
And worse still for Mr. Van Scoyoc, under the new law he is required to certify each quarter that none of the 50 lobbyists in his firm bought so much as a burger or cigar for someone on a lawmaker�s staff.
�You are basically asking people to certify, with big penalties, that nobody has lied on their expense accounts,� Mr. Van Scoyoc said, marveling at the complexity of policing such casual contact between lobbyists and Congressional aides. �These are people who are sharing apartments together, playing on the same softball teams, each other�young people with active social lives.�
The new law has quickly sent a ripple of fear through K Street. It comes amid signs that federal prosecutors are taking a newly aggressive approach to corruption cases � including treating campaign contributions as potential bribes.
By requiring them to certify the good behavior of their employees, the law puts lobbyists at new legal risk and could subject them to new pressure from prosecutors. And new centralized disclosures of lobbyists� campaign contributions, fund-raising activities and even their achievements � in the form of Congressional earmarks in spending bills � make it only easier for federal investigators to paint unflattering portraits of lobbyists� influence.
�It will be easier to connect dots,� said Ted Van Der Meid, a Washington lawyer who was counsel to Representative J. Dennis Hastert when he was House speaker. �Even if there shouldn�t be a connection, you are going to have to explain to them how the way they connected the dots is not what you intended. You are going to have to basically prove your innocence.�
Stanley Brand, a longtime Washington defense lawyer who usually represents Democrats, said the law was a sea change. �It should send shivers down lobbyists� spines,� Mr. Brand said. �It is a minefield now.�
These are hardly the first restrictions, of course. Internal rules already barred lawmakers or senior staff members from accepting a gift or a meal worth more than $50 from a lobbyist. But the rules were rarely, if ever, enforced and did not govern lobbyists.
President Bush has not said whether he would sign the bill, but it is already changing the culture of Capitol Hill in myriad ways, beginning with more Dutch treats and fewer steak dinners.
Lobbying firms are racing to train employees in the new rules. One firm, fearful that prosecutors might try to use the expanded disclosures to link official actions to campaign contributions, has sent letters to its clients advising them how to respond if a lawmaker brings up fund-raising in a conversation about policy or procurements. �We would love to have this conversation, but it would have to be at another time� is the short answer.
One lobbyist, who would speak only anonymously to avoid attracting the attention of prosecutors or rivals, said he had started sending himself date-stamped e-mail to create a record of every phone conversation he had with a lawmaker. Then he stopped making campaign contributions.
Another lobbyist recently scaled back the menu at a breakfast briefing for lawmakers, offering bagels and cream cheese instead of ham and eggs. The rules permit lobbyists to provide refreshment of �only nominal value.� The House ethics committee guidelines suggest �light appetizers and drinks, or soda and cookies,� a standard that is known as �the toothpick test.�
The firm also advised a client distributing flashlights on Capitol Hill � to promote government openness � to make sure not only that they cost less than $10 each but also that they looked cheap, to avoid the appearance of impropriety.
And the �staff briefing� � in which a lobbyist enticed Congressional staff members to hear a talk about some dry legislative concern by offering pizza � has become extinct. No one will come without the free food.
Lobbyists complain that Congress is unfairly punishing them for the misdeeds of its own members, not to mention ruining the social lives of innocent and underpaid staff members.
�All those people who grew up in the system � who aren�t evil-doers, just good people � used to be able to entertain and have fun,� lamented Jim Ervin, a veteran military industry lobbyist.
Jan Baran, a longtime Republican lawyer whose clients include lobbyists, said: �There is a great deal of resentment. It�s �the devil made me do it,� and the devil this time happens to be lobbyists. They get tarred with corruption, and the next day they get mail from all the same lawmakers who are blaming lobbyists saying, �I have a fund-raiser next week � don�t forget to contribute!� �
Many lobbyists say the rules pose dilemmas. Blocking them from buying dinners or trips for lawmakers, lobbyists say, will only force them to spend more time and money at political fund-raisers to get the same access.
For lawmakers, one of the most contentious elements of the package is the requirement that candidates disclose the names of federally registered lobbyists who solicit and �bundle� contributions. But lobbyists say the recognition may only encourage them to bundle. Ties to lawmakers are calling cards for clients.
�That is not going to be viewed as the mark of Cain or anything,� Lawrence O�Brien III, a Democratic lobbyist and fund-raiser, said dryly. �It could be perceived as bragging rights.�
Other lobbyists, though, worry that prosecutors� new tactics could make fund-raising more perilous. In plea agreements involving the lobbyist Jack Abramoff and former Representative Randall Cunningham, prosecutors have treated certain campaign contributions as bribes for official favors, something almost never done before.
For lobbyists � who live at the nexus of contributions and favors � it is an alarming trend. �They might as well just pull up the paddy wagon outside the Capital Grille,� one lobbyist said, referring to a clubby steakhouse near the Capitol that is a well-known K Street hangout.
Between the ban on buying dinners and the scrutiny of fund-raising, �It is a lose-lose situation,� said James Dyer, a lobbyist at Clark & Weinstock.
A self-described �earmarks guy� who specializes in spending items, Mr. Dyer said the new rules were an invitation to scandal hunters. For the first time, the law will require disclosure of both the lawmakers who sponsor such items and the campaign contributions of the lobbyists who seek them.
�It is a road map that says, �Hey, come look at me; I have got my name against an earmark,� � he said.
Some loopholes exist. At the annual Aerospace Industries Association trade show in Paris last month, for example, military contractors treated a gaggle of senators to luxurious receptions at galleries, parks and hotels � all permitted under an exception for �widely attended events.�
But John W. Douglass, the group�s president, said the new rules were putting a damper on such events. �Who wants to go to a hot, crowded cocktail party,� Mr. Douglass said, �and have to worry every time the guy brings the hors d�oeuvres tray up, �Should I do this or not?� �
Still, some lobbyists and lawyers wondered privately how long the new carefulness would last.
At the Capital Grille the evening after final passage of the new lobbying bill, private wine lockers by the door still bore the names of several prominent lobbyists. Two mounted stag heads were the only sentries policing the dimly lit bar. Shaking a Belvedere Vodka martini for a lone defense contractor, a bartender leaned in to offer his thoughts.
�What happens at the Capital Grille,� the bartender said, �stays at the Capital Grille.�
Fundraisers Tap Those Who Can't Say No (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601403.html) 'Bundlers' Look to Associates, Employees for Campaign Cash By Matthew Mosk Washington Post Staff Writer, August 7, 2007
Draining the 'Swamp' Is Not So Easy (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601298.html) Skeptics Question Bite of Ethics Rules By Elizabeth Williamson Washington Post Staff Writer, August 7, 2007
girlfriend by Markedbyalantattoos -
mrajatish
07-08 10:07 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
hairstyles dragon tattoo designs
lord_labaku
08-06 12:55 PM
Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.
Macaca
03-06 09:02 PM
General Process for FY 2006 and Subsequent Fiscal Year H-1B Filings (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3f06c12454f6742a078d4244f6905 45e)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office Department of State
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
Visa Statistics (http://www.dhs.gov/ximgtn/statistics/) Department of Homeland Security
Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards): Table XVI(B)
Fiscal Years 2002-2006 (http://travel.state.gov/pdf/FY06AnnualReportTableXVIA.pdf)
Fiscal Years 2001-2005 (http://travel.state.gov/pdf/FY05tableXVIb.pdf)
Fiscal Years 2000-2004 (http://travel.state.gov/pdf/FY04tableXVIb.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office Department of State
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
Visa Statistics (http://www.dhs.gov/ximgtn/statistics/) Department of Homeland Security
Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards): Table XVI(B)
Fiscal Years 2002-2006 (http://travel.state.gov/pdf/FY06AnnualReportTableXVIA.pdf)
Fiscal Years 2001-2005 (http://travel.state.gov/pdf/FY05tableXVIb.pdf)
Fiscal Years 2000-2004 (http://travel.state.gov/pdf/FY04tableXVIb.pdf)
riva2005
04-12 01:14 PM
Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.
Yes, we are all in trouble because of consultants. Nice attitude.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
Yes, we are all in trouble because of consultants. Nice attitude.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
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