pthoko
07-11 10:48 AM
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
wallpaper requirements in Oregon has
reedandbamboo
10-01 09:15 PM
With all the uncertainties shrouding legal employment-based immigration reform (accompanied by talk of CIR) I've been looking into other high-skilled-immigrant-friendly countries.
Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.
Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.
hiralal
06-06 11:35 PM
I agree the above sounds good on paper and believe me I have a friend who lived like that from 2002 till 2008 ... he is not in IT but is / was a business man (now he does not have any business). he bought a house for 750 to 800K (it was worth a million during the boom - but no buyers and hence he got it for 750). now he has lost his business and house is in foreclosure. the trouble for him is that he is having a tough time trying to live a life within his means ... needless to say, he had a tough time trying to make payments and he even tried to cut costs by not switching on a/c during hot hot months or by shivering during cold months ..on the contrary, myself in my modest rental ..I never worried about a/c costs and never worried about rental payments (he and his family spent sleepless nights). also because of his high cost of living ..he had to do desperate things (don't want to get into details here)
I would rather stay in a modest place and spend the remainder money in good life. just buying a big house is not high standard of living ..it is how you live your life and you can live life king size in apartment too (or a rented house) !!
and hence posts like the above sound good in paper and in movies ..reality is tough and rotten !!
I have a quick question though ..say your EAD is approved for 2 years and 3 months from now, 485 is denied for whatever reason ..can you stay till the EAD expiration ? (I guess no) ...if no, then how long can you stay ??
I would rather stay in a modest place and spend the remainder money in good life. just buying a big house is not high standard of living ..it is how you live your life and you can live life king size in apartment too (or a rented house) !!
and hence posts like the above sound good in paper and in movies ..reality is tough and rotten !!
I have a quick question though ..say your EAD is approved for 2 years and 3 months from now, 485 is denied for whatever reason ..can you stay till the EAD expiration ? (I guess no) ...if no, then how long can you stay ??
2011 CYPHER-Portland Oregon
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.
more...
jasmin45
06-05 08:13 PM
Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
amulchandra
04-07 12:34 AM
onething I understand is that totally opposing this measure may create a wrong impression on IV because the people who introduced this bill are trying to stop some companies from exploiting the system. The best thing is to work towards introduction of some measures into this bill that will eliminate any hardship for the people who are already here as consultants (such as H1b transfers and extensions of people who are already here should be exempt).
more...
lfwf
08-05 07:12 PM
Good points below.
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
2010 Debt Consolidation
Macaca
12-30 07:15 PM
Binayak Sen: India's war on a man of peace
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
more...
amitjoey
08-05 01:29 PM
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
hair Debt Consolidation Dos and
hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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.
more...
xyzgc
12-27 12:45 AM
Do you mean to say that the state and the government of Pakistan did this?
Let me give you an example... Was Lebanon directly responsible for rocket attacks on Israel? No. Was Hezbollah responsible? Yes. Wasn't Hezbollah part of the govt of Lebanon and active in Lebanese politics? Yes. Did Lebanese govt disarm Hezbollah? No. Doesn't it make Lebanon responsible? Like abcdgc pointed out, ISI is very much a part of Pakistan.
Let me give you an example... Was Lebanon directly responsible for rocket attacks on Israel? No. Was Hezbollah responsible? Yes. Wasn't Hezbollah part of the govt of Lebanon and active in Lebanese politics? Yes. Did Lebanese govt disarm Hezbollah? No. Doesn't it make Lebanon responsible? Like abcdgc pointed out, ISI is very much a part of Pakistan.
hot What is Debt Consolidation?
Tito_ortiz
01-03 10:23 PM
What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
more...
house and debt consolidation.
gimme_GC2006
03-23 08:23 PM
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
tattoo Debt Consolidation Leads
Macaca
07-08 10:48 AM
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
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pictures debt consolidation company
posmd
07-08 04:56 PM
Nice to hear you are still in the background UN.
dresses Debt Consolidation, Debt
logiclife
06-01 01:19 PM
Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
more...
makeup Debt Consolidation Planning
fide_champ
03-23 11:21 PM
it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
girlfriend and debt division,
singhsa3
10-01 05:10 PM
God knows what in store for us. Nothing except our determination is in our favor.
hairstyles DEBT CONSOLIDATION
srkamath
07-13 07:22 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
shanti
08-11 01:59 PM
http://www.h1b.info/lca_job_list.php?name=CNN+AMERICA+INC&company=cnn&city=&state=&year=ALL
Nice to send to Lou :)
Nice to send to Lou :)
ganguteli
03-23 12:30 PM
The other day someone called me offering to sell some services.
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
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