fromnaija
08-02 11:40 AM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
wallpaper Skyscrapers Calendar 2011
pappu
08-11 12:44 PM
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.
mpadapa
08-05 10:39 AM
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
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.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
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.
2011 house march 2011 calendar
hopefulgc
08-07 12:57 PM
Lion could go to Canada (Alberta anyone?). I hear they would atleast accept him as a Cheetah(canadian PR) or a mountain lion.
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
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waitnwatch
05-24 10:38 PM
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.
-R
you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.
immique
07-14 01:30 AM
what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
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unseenguy
06-21 03:08 PM
That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
Usually they will give you 3-4 weeks to leave.
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
Usually they will give you 3-4 weeks to leave.
2010 calendar-2011-march
mariner5555
03-24 04:03 PM
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.
came across nice comments about NJ - comments from the people were more interesting than the article itself - one of them mentioned NJ and hence am posting it. The comments below are from other people (not mine) --it gives you an idea as to how Americans feel about housing
-----
can tell you in NJ, first time buyers are still screwed and stand no chance of buying right now. Let me set the scene for you. I just turned 25, I made $70k last year ($60k salary $10K bonus), I have 0 credit card debt and have never paid a cent of interest on a credit card. I have no student loans and a finished paying off a car loan in 2.5 years. I have $40k in savings and get an additional 10% of my income put in to a SEP IRA at year ($7k last year, $13k total). I would say I'm doing alright for only being in the workforce for 2.5 years, and I still have to live with my parents. Home prices here are unjustifiably high. On top the ridiculous home prices, I have to figure in the MINUMUM of $500 a MONTH in property taxes due to the complete ineptitude and corrupt nature of my state's government (if you want a never ending source to write about, this would be the place). The AVERAGE property tax in NJ is $6,800/year = $566/ month. Looking at a condo also doesn't work because you can't find a place with association fees of less than $250/month, so no point in paying a lower price for a condo. The ones that are still nice w/ 2 br. & 1 bath list for $300k. Between fees and taxes, you are down $700/month and haven't even gotten to your mortgage yet. I have no choice but to wait and HOPE the economy continues to crumble, while hoping that I stay employed throughout the whole ordeal. All of these action the Fed and the Gov't are taking to soften the blow are doing nothing but screwing me and other first-time buyers. They should just let the bottom fall out already so that people my age can even have a chance to survive on our own.
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Buy a house and watch the value continue to tank for the next five years....I'm sure all first time buyers are thrilled at the prospect of being "upside down" in their first mortgage. Also, Fed rate cuts also don't always translate to better mortgage rates. Lenders aren't thrilled about locking buyers into fixed low rates.
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Housing prices double in less than 5 years. Then they go down about 10% such that in the last six or seven years, prices have gone up only 80%. So now houses are suddenly a bargain because they aren't quite as overpriced as they were last year? That's like my neighbor joking that gas prices are cheap when they go below $3 a gallon. Houses have a long way to go before they are a good value. You are much better off renting from someone who is desperate to not sell their house for a loss. After a year of renting, you can get that house for less than today's cost plus a year of rent. Oh, and one other thing. Get a 30 year fixed loan with the lowest rate you can find. Make sure you pay attention to the fees, so you are covered there. Go through the process with at least two separate people, so you can easily switch when one tries to screw you. The last thing you want is an ARM when interest rates are sure to go up when the screaming about inflation reaches Washington DC.
---------
came across nice comments about NJ - comments from the people were more interesting than the article itself - one of them mentioned NJ and hence am posting it. The comments below are from other people (not mine) --it gives you an idea as to how Americans feel about housing
-----
can tell you in NJ, first time buyers are still screwed and stand no chance of buying right now. Let me set the scene for you. I just turned 25, I made $70k last year ($60k salary $10K bonus), I have 0 credit card debt and have never paid a cent of interest on a credit card. I have no student loans and a finished paying off a car loan in 2.5 years. I have $40k in savings and get an additional 10% of my income put in to a SEP IRA at year ($7k last year, $13k total). I would say I'm doing alright for only being in the workforce for 2.5 years, and I still have to live with my parents. Home prices here are unjustifiably high. On top the ridiculous home prices, I have to figure in the MINUMUM of $500 a MONTH in property taxes due to the complete ineptitude and corrupt nature of my state's government (if you want a never ending source to write about, this would be the place). The AVERAGE property tax in NJ is $6,800/year = $566/ month. Looking at a condo also doesn't work because you can't find a place with association fees of less than $250/month, so no point in paying a lower price for a condo. The ones that are still nice w/ 2 br. & 1 bath list for $300k. Between fees and taxes, you are down $700/month and haven't even gotten to your mortgage yet. I have no choice but to wait and HOPE the economy continues to crumble, while hoping that I stay employed throughout the whole ordeal. All of these action the Fed and the Gov't are taking to soften the blow are doing nothing but screwing me and other first-time buyers. They should just let the bottom fall out already so that people my age can even have a chance to survive on our own.
-------
Buy a house and watch the value continue to tank for the next five years....I'm sure all first time buyers are thrilled at the prospect of being "upside down" in their first mortgage. Also, Fed rate cuts also don't always translate to better mortgage rates. Lenders aren't thrilled about locking buyers into fixed low rates.
-------
Housing prices double in less than 5 years. Then they go down about 10% such that in the last six or seven years, prices have gone up only 80%. So now houses are suddenly a bargain because they aren't quite as overpriced as they were last year? That's like my neighbor joking that gas prices are cheap when they go below $3 a gallon. Houses have a long way to go before they are a good value. You are much better off renting from someone who is desperate to not sell their house for a loss. After a year of renting, you can get that house for less than today's cost plus a year of rent. Oh, and one other thing. Get a 30 year fixed loan with the lowest rate you can find. Make sure you pay attention to the fees, so you are covered there. Go through the process with at least two separate people, so you can easily switch when one tries to screw you. The last thing you want is an ARM when interest rates are sure to go up when the screaming about inflation reaches Washington DC.
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axp817
04-07 01:28 PM
I wonder what the chances are, of this passing and becoming Law and CIR not passing.
Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.
Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.
hair March 2011 Desktop Wallpaper
myuname
04-06 10:44 PM
I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
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akred
04-09 12:06 AM
If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?
Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.
Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.
hot march 2011 calendar desktop.
nojoke
09-29 09:06 PM
its ok, you misunderstood my point. I dont want to divert OP of this thread.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.
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house Hot Air Balloon March Calendar
ThinkTwice
09-26 02:35 PM
I like Mccain to be the president. Based on his experience and his involvement for the country.
Also Mccain is a great candidate for us.
"involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.
Also Mccain is a great candidate for us.
"involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.
tattoo Wallpaper Calendar – March
americandesi
08-06 02:09 PM
After making a trip of South India, Santa Singh, his wife and his son were returning to Punjab in Tamilnadu Express.
Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.
Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.
Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."
Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.
Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.
Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."
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pictures Calendar Wallpaper March
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.
dresses 2011 march 2011 wallpaper
logiclife
07-17 10:42 AM
Those of you who dont know, Randall Emery is a good friend of Immigration Voice.
Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.
Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.
Everyone:
Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.
Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.
Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.
Everyone:
Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.
more...
makeup stock photo : March 2011
gc4me
08-05 12:24 PM
I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
And now Rolling_Flood is enjoying his forum which is growing exponentially!
C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)
Originally Posted by gc4me
Mrs. Rolling_Flood,
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
And now Rolling_Flood is enjoying his forum which is growing exponentially!
C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)
Originally Posted by gc4me
Mrs. Rolling_Flood,
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
girlfriend 2011 march calendar wallpaper.
NKR
08-05 08:33 AM
The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?
So an employer cheating him into applying in EB3 is an honest way?
So an employer cheating him into applying in EB3 is an honest way?
hairstyles wallpaper calendar – March
transpass
03-26 07:14 PM
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
Yeah that's true...I guess not many people bother, not many lawyers bothered until now, and also not many people people even know that you need to file amendment...
Yeah that's true...I guess not many people bother, not many lawyers bothered until now, and also not many people people even know that you need to file amendment...
axp817
03-26 03:38 PM
If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
ashkam
04-15 03:18 PM
Seriously? Yes.
Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.
Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.
Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.
Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.
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