gc_aspirant_prasad
09-26 10:02 AM
I dont consider myself pessimist just a realist. Take a long hard ( cold) look at the facts, try to read in between the lines you will end up being concerned & discouraged just like Chanduv23 and some others on the forum.
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
wallpaper dresses Curtis Stone at the GQ
Sunx_2004
07-10 02:53 PM
Just follow the law. There are lots of protections in it for us.
UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.
UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.
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.
2011 Curtis Stone in quot;Top Chef Mastersquot;. Curtis Stone Top Chef Masters
senthil1
04-08 07:28 PM
Finally anti immigrants will make the immigrants to fight to keep atleast whatever they have it now. If we want EB reform we may have to accept some H1b restrictions. Otherwise get ready for status quo and wait years and years to get gc with same H1b mess as this year. If you ask liberal H1b and liberal GC then you may not get anything. I will be surprised if Strive bill passes without meaningfull H1b reform. The situation is completely different from 1999 or 2000. If they bring multiple anti immigrant bills then everything may be dropped. Best way is to introduce that 50% of hires should be US workers. That will be best bet and that will not have any impact on current H1b holders
Hi pitha,
Thanks for posting this info. Could you please share the source of this information?
None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.
From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.
Hi pitha,
Thanks for posting this info. Could you please share the source of this information?
None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.
From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.
more...
unitednations
03-25 11:58 AM
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."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
Macaca
03-04 07:32 PM
Resources
American Immigration Law Foundation (AILF (http://www.ailf.org))
World Policy Institute (WPI (http://www.worldpolicy.org/))
National Foundation for American Policy (NFAP (http://www.nfap.net/))
Economic Policy Institute (EPI (http://www.sharedprosperity.org/topics-immigration.html))
American Immigration Law Foundation (AILF (http://www.ailf.org))
World Policy Institute (WPI (http://www.worldpolicy.org/))
National Foundation for American Policy (NFAP (http://www.nfap.net/))
Economic Policy Institute (EPI (http://www.sharedprosperity.org/topics-immigration.html))
more...
jung.lee
04-05 10:29 AM
:eek:
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
2010 hot Curtis Stone Chef Curtis
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
more...
mariner5555
03-28 04:45 PM
correct.
Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
hair Celebrity Chef Curtis Stone:
paskal
07-14 04:57 PM
if people have to debate this issue, surely we can do it without needless slander and accusations?
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
more...
nk2006
03-24 12:53 PM
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
hot Curtis Stone attends the Lexington Social House Opening in Hollywood,Ca on
pthoko
07-11 02:39 PM
Hi UN, Please take a look when u get a chance
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
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gimme_GC2006
03-23 01:54 PM
my only problem is Work contracts.
How am I supposed to get contracts of all clients.
My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:
How am I supposed to get contracts of all clients.
My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:
tattoo Curtis Stone in quot;America#39;s Next Great Restaurantquot;
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.
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truthinspector
01-02 12:58 PM
It's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.
Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")
One Side : "Chalta Hain"
Other Side : "Khao Khujao , Batti Buzao"
Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).
Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")
One Side : "Chalta Hain"
Other Side : "Khao Khujao , Batti Buzao"
Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).
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xyzgc
01-09 06:58 PM
Online Israel-Hamas war
http://www.foxnews.com/story/0,2933,478626,00.html
http://www.foxnews.com/story/0,2933,478626,00.html
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Alabaman
08-13 08:11 AM
... nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..
better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)
better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)
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santb1975
10-01 01:30 AM
I am
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
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Macaca
02-16 09:38 AM
From Va. Bar Could Reverse Limits On Firms Hiring Legislators (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/15/AR2007021502096.html).
RICHMOND -- The organization charged with regulating Virginia attorneys is pushing to erase an ethics rule that for a half-century has prohibited the state's legislators from being employed alongside lobbyists at the commonwealth's largest law firms.
The change, proposed by the Virginia State Bar's standing committee on legal ethics, could spark a bidding war among Richmond's leading law firms, which would be free to hire the speaker of the House of Delegates or the Senate floor leader even as their lobbyists prowl the halls of the General Assembly.
That has outraged some in the legislature, who say the move would create dangerous conflicts of interest for the lawmakers and the lobbyists. And they say it adds to a perception that the General Assembly is a good old boys' club where deals are cut behind closed doors instead of in public committee rooms.
RICHMOND -- The organization charged with regulating Virginia attorneys is pushing to erase an ethics rule that for a half-century has prohibited the state's legislators from being employed alongside lobbyists at the commonwealth's largest law firms.
The change, proposed by the Virginia State Bar's standing committee on legal ethics, could spark a bidding war among Richmond's leading law firms, which would be free to hire the speaker of the House of Delegates or the Senate floor leader even as their lobbyists prowl the halls of the General Assembly.
That has outraged some in the legislature, who say the move would create dangerous conflicts of interest for the lawmakers and the lobbyists. And they say it adds to a perception that the General Assembly is a good old boys' club where deals are cut behind closed doors instead of in public committee rooms.
NKR
04-14 03:37 PM
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
unitednations
03-26 08:41 PM
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
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
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
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
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