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  • unitednations
    08-02 06:35 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.


    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.




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  • willwin
    07-13 12:19 PM
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.


    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?




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  • sk2006
    06-05 02:53 PM
    Totally agree ! To add, the decision to buy a house for people like us (who are stuck in this muck) also depends on the life situation you are in. Meaning, the decision to buy a house inspite of the uncertainity was over-weighed by the fact that my kids need to enjoy certain things. Watching them play with kids of their age in the neighborhood, riding a bicycle or playing with the water sprinkler while I sip my beer is priceless.

    Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?

    Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?

    Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!




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  • gapala
    12-24 08:17 PM
    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!

    Insightful article. Imagine what is going on under currents... they seems to have 2 faces. There is a investigative video floating in youtube where one idiot is preaching youths in UK to show secular face to society until achieve their goal. Same idiot goes out and conducts interfaith conference and talks about unity. what a hypocrat.



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  • satishku_2000
    05-16 05:00 PM
    A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.


    Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...




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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.


    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.



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  • rockstart
    03-24 10:04 AM
    Dude ask your employer to mail it himself to USCIS. You are not asking these documents for your timepass these are requested by USCIS so forward this mail to him and ask him to respond any ways its his responsiblity to support this GC application since it is his company that is asking for green card.

    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:




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  • Refugee_New
    01-07 03:54 PM
    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
    peace.

    bfadlia, i sent you a PM. Respond me when you have time.



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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance




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  • nogc_noproblem
    08-06 11:40 AM
    The owner of this drug store walks in to find a guy leaning heavily against a wall.

    "What's with that guy over there by the wall?" ask the owner

    "Well, he came in here this morning to get something for his cough. I couldn't find the cough syrup, so I gave him an entire bottle of laxative." Replied the clerk.

    "You idiot!" Yelled the owner" You can't treat a cough with a bottle of laxatives!"

    "Of course you can!" replied the clerk, "Look at him; he's afraid to cough!"



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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.




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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



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  • redgreen
    08-05 10:03 AM
    Many are supporting 'porting'. Then why are they opposing 'substitution'??
    The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??




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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf



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  • dixie
    08-13 01:17 AM
    He said that average productivity of an american is greater than the productivity of 3-4 Asians and then went on to ask, why is then corporate american sending jobs outside of united states?.


    How the hell did he arrive at that figure ? the whole trouble with lou is he fabricates "research" such as the above statement with absolutely nothing to back it up. So much for the Harvard educated economist in him.




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  • rockstart
    07-14 02:27 PM
    People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.

    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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  • copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!




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  • pranju
    05-29 09:00 PM
    Donot forget to send the webfax :)




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  • nogc_noproblem
    08-07 12:30 PM
    Thanks for the compliments.

    H1B, Labor, I140, I485, EAD, AP, PD, RD, ND, VB, RFE – Sucks man, had enough.

    In fact I am so relaxed and laughed many times for the past 2 days. I read so many jokes and picked the good ones, I really enjoyed doing this.

    Thanks for all those for their encouragement, positive comments and yes, Green dots.

    If the trend continues, I think very soon I can beat Pappu in terms of number of green dots (Ssssssss!!! don’t let Pappu know about this till then, ok :))


    nogc_noproblem , u r 5 star *****




    pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance


    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.




    sk2006
    06-06 03:44 PM
    why are all the non-GC-holder desis even debating owning a home?!!
    is that not, like, the most laughable, stupid thing to do?

    what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........

    go buy your american dream you stupid desis...........you get what you deserve.


    Truth: Harshly put.

    In the words of the famous Indian poet Mirza Ghalib:->

    "Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
    Kahte to hain bhale ki wo lekin buri tarah"

    Translation:
    "Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".



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