unitednations
03-25 01:15 PM
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
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m306m
01-02 12:10 PM
This is a very sensitive and politically charged thread that has nothing to do with US immigration related matters. I am aware that there are several threads that have been opened in the past that were non-immigration related but this thread is more divisive than most.
Understandably there is a lot of hurt and anger that is being vented here. I am from South Mumbai and frequented the Taj (Got married across from the hotel at Radio Club) so I understand the sentiment. But I prefer not vent my political beliefs, anger and frustration here, so as not to be divisive both politically and religiously.
Lets morn for our loss, discuss politics & religion somewhere else, and move on with immigration related matters on IV.
my 2 cents.. (Have a safe and prosperous '09)
Understandably there is a lot of hurt and anger that is being vented here. I am from South Mumbai and frequented the Taj (Got married across from the hotel at Radio Club) so I understand the sentiment. But I prefer not vent my political beliefs, anger and frustration here, so as not to be divisive both politically and religiously.
Lets morn for our loss, discuss politics & religion somewhere else, and move on with immigration related matters on IV.
my 2 cents.. (Have a safe and prosperous '09)
mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
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unitednations
08-02 10:35 PM
You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.
I haven't read the memo in a long time. You would need to research it.
It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.
I haven't read the memo in a long time. You would need to research it.
It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.
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trictrac
08-02 12:49 PM
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
SunnySurya
12-18 10:22 AM
Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.
Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.
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amsgc
08-25 10:21 PM
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yibornindia
08-05 12:02 PM
This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
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ganguteli
03-23 12:26 PM
well..thats good question..I couldnt..because calling number was Unavailable..
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
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485Mbe4001
08-05 03:16 PM
Wow...good for you...welcome to America...
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
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ghost
07-17 10:24 AM
Also I forgot to say Randall, I think you really want to see no greencards to anyone. Are you a spy?
What's wrong with you man, do your homework before spitting out such venemous statements.
What's wrong with you man, do your homework before spitting out such venemous statements.
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somegchuh
03-25 02:14 PM
I am glad you see the spirit. I love hearing counter points.
Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:
Couldn't agree more. Real estate is really local. IMHO, rela estate in SF Bay Area where I live, is still very inflated. It will slide for at least a few years before it starts stagnating. Off course even in Bay Area there are bright spots where the schools are really good.
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
As a standard practice coming up with 20% down payment should be the right practice. But in Bay Area where an average house is 700K, coming up with 140K just for down payment is not easy. Again, this is really local. In ohter places coming with up with 20% makes it really easy. But in Bay Area ppl end up paying 5-10% as down payment and then pay monthly PMI.
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
Completely agree. Primary residence is for living but you don't want to buy something for .5 mil and realize you got sucked into a bad deal.
Profit/Loss is not what the primary residence is for.
Well, rents in the longer eventually do go up.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy.
Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:
Couldn't agree more. Real estate is really local. IMHO, rela estate in SF Bay Area where I live, is still very inflated. It will slide for at least a few years before it starts stagnating. Off course even in Bay Area there are bright spots where the schools are really good.
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
As a standard practice coming up with 20% down payment should be the right practice. But in Bay Area where an average house is 700K, coming up with 140K just for down payment is not easy. Again, this is really local. In ohter places coming with up with 20% makes it really easy. But in Bay Area ppl end up paying 5-10% as down payment and then pay monthly PMI.
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
Completely agree. Primary residence is for living but you don't want to buy something for .5 mil and realize you got sucked into a bad deal.
Profit/Loss is not what the primary residence is for.
Well, rents in the longer eventually do go up.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy.
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alterego
07-13 10:03 AM
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
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Marphad
12-17 03:31 PM
People:
I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked
I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).
I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked
I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).
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chandlerguy98
09-26 12:39 PM
I know CIR was not very friendly.I do not beleive the CIR that comes up next year would be the same exact CIR as 2007. Because we have had varied versions of CIR from 05,06&07. I believe the CIR 09 will be much more friendly to us.even look at CIR 2007, sec 502,503, it increases EB quota to 450K and increases per country cap and Also has provisions for visa re capture. Also i dont think CIR 2009 will be written by Durbin. CIR 07 was mainly written by Kennedy not Durbin. I know Durbin hates H1&EB but i believe he is a minority opnion in a majority of democrats. so dont loose hope..Also what Obama during last CIR was an election ploy..We know mccain in his heart is friendly towards immigrants, but to win republicans he is showing he is tough on immigration. The same way with obama, to please labor unions, he put a show during CIR 07. I personally feel none of this matters when they become presidents, they will govern with majority opinion. I dont think majority opinion hates EB&GC. Heck dubya was against nation building when he ran for president and now he stuck with rebuilding irag for years to come.
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satishku_2000
08-09 01:21 PM
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.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
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.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
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unitednations
08-02 10:47 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
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kc_p21
01-07 05:32 PM
Refugee_New:
I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.
If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.
I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.
If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.
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alisa
12-27 01:04 AM
There is no coherent state or government in Pakistan anymore, there are only personalities pulling the country in various directions. So let's only talk of personalities. My hunch (and that of the many world intelligence agencies too) is that Kayani did it! He was being pushed to a corner by Zardari, who was rapidly chipping away at his power at the behest of US. Apparently Zardari is wiling to give US a much freer hand in western Pak than Kayani. Kayani feared that Zardati may topple him and appoint another COAS. So he played this masterstroke. Zardari and Gillani were taken completely off guard by this hit.
You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.
You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.
nojoke
04-08 03:38 PM
Read my previous post. You have insulted every member by comparing their intelligence with someone who was so dumb enough to buy something beyond his reach. BTW thanks for taking the pain to google out the fruit picker�s story. This is my last post for you guys. You go ahead and discourage people while I will take some rest in my house.
I am not here to pick a fight. I am showing what is happening in the housing and where it is heading. When I saw all those recomendations of "go ahead and buy" and the rosy pictures you guys are presenting, I wanted to show the other side and what is in store for the future of this economy. NAR has destroyed the economy with slogans like "they are not making any more land". They are liers to the core. Imagine these guys making 300K plus ...and they certainly have incentive to lie and mislead.
I am not here to pick a fight. I am showing what is happening in the housing and where it is heading. When I saw all those recomendations of "go ahead and buy" and the rosy pictures you guys are presenting, I wanted to show the other side and what is in store for the future of this economy. NAR has destroyed the economy with slogans like "they are not making any more land". They are liers to the core. Imagine these guys making 300K plus ...and they certainly have incentive to lie and mislead.
Macaca
02-13 09:45 AM
When House Changed Rules for Travel, He Lobbied for the Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)
By Jeffrey H. Birnbaum
Tuesday, February 13, 2007; Page A19
Loopholes in laws and regulations sometimes seem to appear by magic, and often no one wants to claim to be the magician. But one man actually wants credit for a couple of big loopholes in the new ethics rules the House passed last month: John H. Graham IV.
Graham is the president of an organization that could exist only in Washington -- the American Society of Association Executives. In other words, he is the chief lobbyist for lobbyists.
His organization represents 22,000 association executives, from large groups such as the American Medical Association and small ones such as the Barbershop Harmony Society. When any of them are in danger of losing access to lawmakers, Graham, 57, is supposed to intervene.
Which is what he did -- proudly -- as soon as he learned that Democratic leaders wanted to ban travel provided by lobbyists and the entities that employ them. Graham dispatched his own lobbyists and several of his most sympathetic allies to meet with House staffers. Eventually they poked two gigantic holes in the proposed prohibition.
The first opened the way for lobbyists to pay for short trips -- one day as far as the Midwest and two days to the West Coast. The second permits colleges to provide travel to lawmakers without restriction, even though they lobby in Washington a lot. (See the next item.)
Ethics advocates were disappointed. "The better policy is no privately financed travel," said Meredith McGehee of the Campaign Legal Center.
But Graham was unabashed. Golf trips to Scotland should be nixed, he said, but not visits to taxpayer-funded programs or to industry-backed seminars. "We didn't want a total ban on travel," Graham said. "We were on top of it from the very beginning."
In fact, he and his lobbyists started their campaign a year ago after then-House Speaker J. Dennis Hastert (R-Ill.) first suggested a travel ban. That effort failed partly because of Graham's enterprise.
After the Democratic victory in last year's midterm elections, Graham's lobbyists -- Senior Vice President Jim Clarke and contract lobbyist James W. Rock -- targeted the staff of House Speaker Nancy Pelosi (Calif.) and then met with aides to Democratic House leaders Steny H. Hoyer (Md.), Rahm Emanuel (Ill.) and James E. Clyburn (S.C.).
After one such meeting, Graham learned that the ban would prevent lawmakers from taking trips to colleges to give commencement addresses. He quickly asked the Association of American Colleges and Universities and the American Association of State Colleges and Universities to join the crusade.
Graham also recruited other groups with sterling reputations, including the American Heart Association, the YMCA of the USA and the American Cancer Society. They went as a group from office to office on Capitol Hill and made the case that brief trips could not be mistaken for boondoggles, especially when white-hat interests like themselves were footing the bill.
The result: Graham has become Mr. Loophole, winning the exemptions and on track to getting them in the Senate as well.
By Jeffrey H. Birnbaum
Tuesday, February 13, 2007; Page A19
Loopholes in laws and regulations sometimes seem to appear by magic, and often no one wants to claim to be the magician. But one man actually wants credit for a couple of big loopholes in the new ethics rules the House passed last month: John H. Graham IV.
Graham is the president of an organization that could exist only in Washington -- the American Society of Association Executives. In other words, he is the chief lobbyist for lobbyists.
His organization represents 22,000 association executives, from large groups such as the American Medical Association and small ones such as the Barbershop Harmony Society. When any of them are in danger of losing access to lawmakers, Graham, 57, is supposed to intervene.
Which is what he did -- proudly -- as soon as he learned that Democratic leaders wanted to ban travel provided by lobbyists and the entities that employ them. Graham dispatched his own lobbyists and several of his most sympathetic allies to meet with House staffers. Eventually they poked two gigantic holes in the proposed prohibition.
The first opened the way for lobbyists to pay for short trips -- one day as far as the Midwest and two days to the West Coast. The second permits colleges to provide travel to lawmakers without restriction, even though they lobby in Washington a lot. (See the next item.)
Ethics advocates were disappointed. "The better policy is no privately financed travel," said Meredith McGehee of the Campaign Legal Center.
But Graham was unabashed. Golf trips to Scotland should be nixed, he said, but not visits to taxpayer-funded programs or to industry-backed seminars. "We didn't want a total ban on travel," Graham said. "We were on top of it from the very beginning."
In fact, he and his lobbyists started their campaign a year ago after then-House Speaker J. Dennis Hastert (R-Ill.) first suggested a travel ban. That effort failed partly because of Graham's enterprise.
After the Democratic victory in last year's midterm elections, Graham's lobbyists -- Senior Vice President Jim Clarke and contract lobbyist James W. Rock -- targeted the staff of House Speaker Nancy Pelosi (Calif.) and then met with aides to Democratic House leaders Steny H. Hoyer (Md.), Rahm Emanuel (Ill.) and James E. Clyburn (S.C.).
After one such meeting, Graham learned that the ban would prevent lawmakers from taking trips to colleges to give commencement addresses. He quickly asked the Association of American Colleges and Universities and the American Association of State Colleges and Universities to join the crusade.
Graham also recruited other groups with sterling reputations, including the American Heart Association, the YMCA of the USA and the American Cancer Society. They went as a group from office to office on Capitol Hill and made the case that brief trips could not be mistaken for boondoggles, especially when white-hat interests like themselves were footing the bill.
The result: Graham has become Mr. Loophole, winning the exemptions and on track to getting them in the Senate as well.
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