yibornindia
08-05 12:11 PM
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.
Hey Bro! Think of you this way.
You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.
You are stopping others from entering in your line, to get GC faster. :p
Ultimately you both are the same.
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.
Hey Bro! Think of you this way.
You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.
You are stopping others from entering in your line, to get GC faster. :p
Ultimately you both are the same.
wallpaper %IMG_DESC_1%
nogc_noproblem
08-06 01:32 PM
Two nuns were ordered to paint a room in the convent . . .
. . . and the last instruction from the Mother Superior was that they not get a drop of paint on their habits. After conferring about this for a while, the nuns decided to lock the door of the room, strip off their habits, and paint in the nude. In the middle of the project, there came a knock at the door.
"Who is it?," called one of the nuns.
"The blind man," replied a voice from the other side of the door.
The two nuns looked at each other and shrugged. Deciding that no harm could come from letting a blind man into the room, they opened the door.
"Nice butt, sister," said the man, "where do you want these blinds?"
. . . and the last instruction from the Mother Superior was that they not get a drop of paint on their habits. After conferring about this for a while, the nuns decided to lock the door of the room, strip off their habits, and paint in the nude. In the middle of the project, there came a knock at the door.
"Who is it?," called one of the nuns.
"The blind man," replied a voice from the other side of the door.
The two nuns looked at each other and shrugged. Deciding that no harm could come from letting a blind man into the room, they opened the door.
"Nice butt, sister," said the man, "where do you want these blinds?"
desi485
08-06 01:26 AM
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.
2011 %IMG_DESC_2%
redcard
03-23 05:20 PM
Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
more...
mrajatish
04-09 11:13 AM
I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
sanju
12-19 09:56 PM
Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.
Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.
Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.
How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.
Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.
The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)
Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?
Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.
I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.
But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?
Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".
.
Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.
Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.
How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.
Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.
The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)
Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?
Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.
I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.
But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?
Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".
.
more...
jonty_11
08-07 03:35 PM
UN,
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
2010 %IMG_DESC_3%
xyzgc
12-20 04:34 PM
Every one I know (muslim or non muslim) is appaled by the Mumbai incident. A sensible person has to be. I do not know the sentiment in pakistan though I am sure there is a propaganda machine at work there. I have many pakistan collegues here and they were outraged. If this was an act, they are good it. This is similar to saying that most hindus were not appaled by what happened in gujarat/orissa.
Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.
My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.
My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
more...
Beemar
12-27 01:19 PM
LOL. and we know the kinda quality to expect :-)
Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)
Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)
hair %IMG_DESC_4%
krishnam70
03-26 08:17 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
more...
saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
hot %IMG_DESC_5%
Rolling_Flood
08-05 09:45 PM
teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!
haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........
saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....
take care, BUDDY!
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes...
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB...
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead.
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........
saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....
take care, BUDDY!
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes...
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB...
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead.
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
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nojoke
05-03 02:33 AM
NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
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gc4me
08-11 04:33 PM
Two office colleagues, a British and an Indian are having their lunch in a restaurant . The Indian says," You know my parents are forcing me to get married to this so called homely girl from a village whom I haven't even met once. We call this arranged marriage. I don't want to marry a girl whom I don't love...I told them this quite openly and since then I have a hell lot of family problems."
The British said, "So you think there are no problems in a love marriage?...
Let me tell you my story. I married a widow with a daughter whom I deeply loved and dated for 3 years. After a couple of years, my father fell in love with my step-daughter & married her and so my father became my son-in-law and I became my father's father-in-law. My daughter is my mother and my wife became my grandmother. More problems occurred when I had a son. My son is my father's brother and so he's my uncle. Situations turned worse when my father had a son. Now my father's son i.e. my brother is my grandson. Ultimately, I have become my own grand father and I am my own grandson. And you say you have family problems.... Give me a break!!"
The British said, "So you think there are no problems in a love marriage?...
Let me tell you my story. I married a widow with a daughter whom I deeply loved and dated for 3 years. After a couple of years, my father fell in love with my step-daughter & married her and so my father became my son-in-law and I became my father's father-in-law. My daughter is my mother and my wife became my grandmother. More problems occurred when I had a son. My son is my father's brother and so he's my uncle. Situations turned worse when my father had a son. Now my father's son i.e. my brother is my grandson. Ultimately, I have become my own grand father and I am my own grandson. And you say you have family problems.... Give me a break!!"
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ca_immigrant
06-23 03:55 PM
I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...
in agreement.....there is definately pleasure in living in your own house....
in agreement.....there is definately pleasure in living in your own house....
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surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
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h1techSlave
09-26 05:06 PM
Going thru Obama's comments, he is sure to put a stop on H1B visas in the name of keeping American jobs in America. Then what would happen is that all American companies will send their whole IT departments to India. The end result will be that there would not be any decent paying jobs in this country.
CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
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astral1977
07-14 01:31 PM
I guess this is the easiest way to become a Senior member. Copy paste the same "personally deduced information" in different threads. If required, create a new thread and paste it again.
Dude, refrain from doing it.....Doesn't serve the purpose of the forum.
Cheers.
Dude, refrain from doing it.....Doesn't serve the purpose of the forum.
Cheers.
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file485
07-09 12:02 PM
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
thanks for the clarification on this..
but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..
we dint show any INS papers..except for the passport
In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.
I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
thanks for the clarification on this..
but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..
we dint show any INS papers..except for the passport
In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.
I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..
rajnag21
07-19 02:38 PM
UN,
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
desi3933
08-06 10:47 AM
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
....
.....
Just FYI..
One can NOT claim PD recapture based on spouse's earlier PD.
Person can claim earlier PD only based on his/her earlier approved I-140.
______________________________
US Permanent Resident since 2002
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
....
.....
Just FYI..
One can NOT claim PD recapture based on spouse's earlier PD.
Person can claim earlier PD only based on his/her earlier approved I-140.
______________________________
US Permanent Resident since 2002
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