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  • 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.





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  • krishnam70
    08-14 11:32 AM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    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





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  • bondgoli007
    01-09 06:40 PM
    a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
    how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
    bfadlia,

    I agree with you on most things you have said in your post and if you take a honest vote among the folks on this thread, you will find the overwhelming majority on the following views:

    1. The human loss and suffering of the innocent Gaza people is sad and horrific.
    2. Israel has reacted too strongly and used aggression to unacceptable limits.
    3. Palestine deserves its own state and power to govern itself.

    Now, the reason you have the same majority of folks respond in a manner that you, refugee and rayyan object and feel offended about is due to the following:

    1. You fail to acknowledge the role of Hamas in initiating this conflict AND not resolving this conflict. Even if you personally did, others have very ineffectively shied away from this point.

    2. There seems to be a lack of similar anguish and sympathy offered by you guys when it came to the mumbai attacks. Not saying you applauded the attackers but you didn't denounce them with the same vigor you are using to denounce Israel.

    3. Finally, the biggest reason you are getting such unwarranted and to an extent shameful posts on your religion is because you are not only ready to defend it when it's followers are the victim BUT also when it's followers are the aggressors (like in Mumbai attacks). And with all due respect to Palestinians, there seem to be more muslim aggressors in today's world than victims.

    In conclusion, I have nothing against you or the others. I am sure if I met you socially you will be a decent person. Lets hope peace is given a chance in Gaza and despite the differences educated people like us unite to fight for the common good...in these forums, it is EB Green cards.

    Cheers.





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  • pthoko
    07-17 01:39 PM
    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?



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  • sanju
    12-17 05:34 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".


    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.





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  • snathan
    01-06 05:15 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is the need of the hour andnot Gandhi....Grow up man.



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  • puddonhead
    06-07 06:22 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.

    Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article (http://www.businessweek.com/lifestyle/content/jun2008/bw2008065_526168.htm?campaign_id=yhoo)) is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.

    I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.

    Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.





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  • dixie
    07-17 02:46 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.

    We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.



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  • waitnwatch
    10-01 05:35 PM
    I think retrogression will improve in the future. Here is why I think so.

    Durbin is basically interested in changing the rules for H1-B. So one thing is assured, no more increase in the H1-B quota if Obama wins. Even if McCain wins I am doubtful there will be an H1-B quota increase in a Democratic majority house and senate.

    On the other hand none of the candidates, senators or congressmen/women care too much to bet their political career on changing legal immigration. So the current EB system is just not going to change that easily. But with fewer people joining the line (the recession will reduce new immigration even further) I would assume that EB-2 will go current at some point in the next year. This will ultimately start reducing the backlogs in EB3.

    Now don't start throwing numbers at me. I understand that it may still be some wait. But generally even in the worst case scenario things will not become worse as some folks predict.





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  • burnt
    03-31 06:36 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?



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  • mariner5555
    04-22 03:52 PM
    this is from schiller ..an economist ..I am sure he knows more about housing than others ..I guess this is a worse case scenario (if not the worst).

    http://biz.yahoo.com/ap/080422/economy_shiller.html?.v=2
    ----
    Economist cautions housing slump could exceed drop of the Great Depression, require bailouts

    NEW HAVEN, Conn. (AP) -- An influential economist who long predicted the housing market bubble cautioned Tuesday that the slump in the U.S. housing market could cause prices to fall more than they did in the Great Depression and bailouts will be needed so millions don't lose their homes.

    Yale University economist Robert Shiller, pioneer of the widely watched Standard & Poor's/Case-Shiller home price index, said there's a good chance housing prices will fall further than the 30 percent drop in the historic depression of the 1930s. Home prices nationwide already have dropped 15 percent since their peak in 2006, he said.

    "I think there is a scenario that they could be down substantially more," Shiller said during a speech at the New Haven Lawn Club.

    Shiller's Standard & Poor's/Case-Shiller home price index is considered a strong measure of home prices because it examines price changes of the same property over time, instead of calculating a median price of homes sold during the month.

    Shiller, who admitted he has a reputation for being bearish, said real estate cycles typically take years to correct.

    Home prices rose about 85 percent from 1997 to 2006 adjusted for inflation, the biggest national housing boom in U.S. history, Shiller said.

    "Basically we're in uncharted territory," Shiller said. "It seems we have developed a speculative culture about housing that never existed on a national basis before."

    Many people became convinced that housing prices would increase 10 percent annually, a notion Shiller called crazy.





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  • 485Mbe4001
    08-05 04:35 PM
    Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.

    I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.



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  • alisa
    12-27 12:55 AM
    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?

    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.





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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.



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  • JEESEE
    04-01 03:20 PM
    My wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.

    Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.





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  • sledge_hammer
    06-27 09:17 AM
    hpandey,

    Excellent points!

    Hirala/puddonhead,

    You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.

    I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!

    EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!

    Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.

    I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.

    I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.

    Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .

    Maybe you believe all these media articles but these are written for a broad view.

    Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .

    Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .

    Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.

    We are not as stupid as you think.

    Thank you .



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  • jung.lee
    04-05 04:27 PM
    fide champ,

    If you can swing it in today's markets, and live through your losses, then go for it! You know your own financial and family situation the best, so only you are in really in the best position to judge what's right.

    I am in SoCal but I follow NJ through the following blog: http://njrereport.com/. Hope it helps.

    Good luck,

    JL





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  • rockstart
    07-14 09:24 AM
    A guy who filed his labor in say 2001 and it took 3 years for that labor to approve should he complain that after PERM guys got labor approved in 2-3 months and in some cased even before him. Should we complain USCIS / DOL for improving the system? Guys just because your Lawyers asked you to file EB3 does not make things right. Why did you agree on EB3? if you were so convinced that you qualified for EB2 you could have taken the matters to your boss and upper management in your company? If you did not get juistice then you could have quit that company and joined another organization that was ready to recognize your talents? All phani_6 wants is a cake and eat it too. This is not possible dude this letter in its present draft is a laughing stock. Make it factually correct and this will make entire IV community support it regarless of Eb2 or Eb3.





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  • unseenguy
    06-26 05:26 PM
    Here is my strategy:

    Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.

    1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
    2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
    3) Use large downpayment to lower your monthly payment.
    4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.

    Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.





    mariner5555
    04-14 03:09 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
    I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
    my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
    if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
    there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.





    gc28262
    03-24 04:01 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Thanks.
    I guess you are right. The long wait times for Indians should be one of the reason.
    The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.

    Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.



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