mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
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mheggade
07-15 10:35 AM
<SARCASTIC> Ignorance is Bliss. </SARCASTIC>
I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.
OLD over flow interpretation
EB1 ROW ------->EB2 ROW---------->EB3 ROW.
New over flow interpretation.
EB1 ---------------->EB2------------------------>EB3
(Any chargeability) (Any chargeability) (Any chargeability)
Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.
With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.
I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.
OLD over flow interpretation
EB1 ROW ------->EB2 ROW---------->EB3 ROW.
New over flow interpretation.
EB1 ---------------->EB2------------------------>EB3
(Any chargeability) (Any chargeability) (Any chargeability)
Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.
With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.
ShantiRam
07-11 09:12 PM
My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?
Anyone - united nations - please advice.
Anyone - united nations - please advice.
2011 stock photo : telephone icon
gcbikari
08-06 01:49 PM
Lesson 1:
A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
The woman wraps back up in the towel and goes back upstairs.
When she gets to the bathroom, her husband asks, "Who was that?"
"It was Bob the next door neighbor," she replies.
"Great," the husband says, "did he say anything about the $800 he owes me?"
Moral of the story
If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.
*********
Lesson 3:
A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
The Genie says, "I'll give each of you just one wish."
"Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
Puff! She's gone.
"Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
Puff! He's gone.
"OK, you're up," the Genie says to the manager.
The manager says, "I want those two back in the office after lunch."
Moral of the story
Always let your boss have the first say.
*********
Lesson 4:
An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
The eagle answered: "Sure , why not."
So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.
Moral of the story
To be sitting and doing nothing, you must be sitting very, very high up.
*********
Lesson 5:
A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
"Well, why don't you nibble on some of my droppings?" replied the bull.
They're packed with nutrients."
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story
BullShit might get you to the top, but it won't keep you there.
*********
Lesson 6:
A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..
Morals of this story
(1) Not everyone who shits on you is your enemy.
(2) Not everyone who gets you out of shit is your friend..
(3) And when you're in deep shit, it's best to keep your mouth
shut!
A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
The woman wraps back up in the towel and goes back upstairs.
When she gets to the bathroom, her husband asks, "Who was that?"
"It was Bob the next door neighbor," she replies.
"Great," the husband says, "did he say anything about the $800 he owes me?"
Moral of the story
If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.
*********
Lesson 3:
A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
The Genie says, "I'll give each of you just one wish."
"Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
Puff! She's gone.
"Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
Puff! He's gone.
"OK, you're up," the Genie says to the manager.
The manager says, "I want those two back in the office after lunch."
Moral of the story
Always let your boss have the first say.
*********
Lesson 4:
An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
The eagle answered: "Sure , why not."
So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.
Moral of the story
To be sitting and doing nothing, you must be sitting very, very high up.
*********
Lesson 5:
A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
"Well, why don't you nibble on some of my droppings?" replied the bull.
They're packed with nutrients."
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story
BullShit might get you to the top, but it won't keep you there.
*********
Lesson 6:
A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..
Morals of this story
(1) Not everyone who shits on you is your enemy.
(2) Not everyone who gets you out of shit is your friend..
(3) And when you're in deep shit, it's best to keep your mouth
shut!
more...
amoljak
08-11 09:23 AM
I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.
Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.
This is what I wrote:
Hello,
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx
The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.
The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.
It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"
Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence
Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.
This is what I wrote:
Hello,
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx
The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.
The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.
It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"
Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence
hiralal
06-24 08:13 AM
one of the main reason that I stopped looking for a home is GC. the reason I was hunting around was to get advantage of tax credit ..but when I read articles like this ..I feel waiting for some more time has advantages too !! (so even if you take best case scenario of 10% drop in your area ..a house which costs 250K will drop by 25K ??? which is 3 times the tax credit).
-------------------------
Searching for a bottom in the housing market
Sales look like they could rebound soon, but you can't say the same for prices.
See all CNNMoney.com RSS FEEDS (close)
By Janet Morrissey, contributor
June 19, 2009: 4:23 AM ET
FORTUNE 500
Current Issue
Subscribe to Fortune
NEW YORK (Fortune) -- Sales in the decimated housing market may finally be bottoming, but don't expect home prices to stop dropping before mid-2010 at the earliest, analysts and economists say.
Indeed, prices in the battered housing market could get a lot worse before they get better as an avalanche of specialized adjustable rate mortgages, known as option ARMs and Alt-A mortgages, are slated to reset over the next 18 to 24 months, and rising unemployment causes a surge in the number of prime mortgages going into default. All of this is expected to trigger another round of foreclosures and cause home prices to tumble at least another 20% before the market rebounds, according to market analysts and economists.
Market bulls believe home prices could bottom in the second half of 2010, but the bears warn it could be 2013 before they finally trough. And once prices do reach a low, it could be years before they significantly rebound.
0:00 /4:19Housing market's false hope
"This is clearly the worst housing crisis since the Depression," says John Burns, president of John Burns Real Estate Consulting. Losses from the housing meltdown totaled $3.6 trillion at the end of 2008, and will likely approach $5 trillion by the time the crisis ends, predicts Lawrence Yun, chief economist with the National Association of Realtors.
Bob Curran, managing director at Fitch Ratings, is a lot more cautious, noting that one month of gains doesn't make a trend -- existing home sales are still off 3.5% from a year ago. "You'd want to see a string of months -- ideally three months -- to say with confidence that a bottom has been reached," he says.
"We're about two-thirds of the way through the pricing correction on a percentage basis," says Joshua Shapiro, chief U.S. economist with MFR Inc., an economic consulting and analysis firm. He expects prices to slide at least another 20% over the next 18 months.
-------------------------
Searching for a bottom in the housing market
Sales look like they could rebound soon, but you can't say the same for prices.
See all CNNMoney.com RSS FEEDS (close)
By Janet Morrissey, contributor
June 19, 2009: 4:23 AM ET
FORTUNE 500
Current Issue
Subscribe to Fortune
NEW YORK (Fortune) -- Sales in the decimated housing market may finally be bottoming, but don't expect home prices to stop dropping before mid-2010 at the earliest, analysts and economists say.
Indeed, prices in the battered housing market could get a lot worse before they get better as an avalanche of specialized adjustable rate mortgages, known as option ARMs and Alt-A mortgages, are slated to reset over the next 18 to 24 months, and rising unemployment causes a surge in the number of prime mortgages going into default. All of this is expected to trigger another round of foreclosures and cause home prices to tumble at least another 20% before the market rebounds, according to market analysts and economists.
Market bulls believe home prices could bottom in the second half of 2010, but the bears warn it could be 2013 before they finally trough. And once prices do reach a low, it could be years before they significantly rebound.
0:00 /4:19Housing market's false hope
"This is clearly the worst housing crisis since the Depression," says John Burns, president of John Burns Real Estate Consulting. Losses from the housing meltdown totaled $3.6 trillion at the end of 2008, and will likely approach $5 trillion by the time the crisis ends, predicts Lawrence Yun, chief economist with the National Association of Realtors.
Bob Curran, managing director at Fitch Ratings, is a lot more cautious, noting that one month of gains doesn't make a trend -- existing home sales are still off 3.5% from a year ago. "You'd want to see a string of months -- ideally three months -- to say with confidence that a bottom has been reached," he says.
"We're about two-thirds of the way through the pricing correction on a percentage basis," says Joshua Shapiro, chief U.S. economist with MFR Inc., an economic consulting and analysis firm. He expects prices to slide at least another 20% over the next 18 months.
more...
rockstart
07-14 09:24 AM
A guy who filed his labor in say 2001 and it took 3 years for that labor to approve should he complain that after PERM guys got labor approved in 2-3 months and in some cased even before him. Should we complain USCIS / DOL for improving the system? Guys just because your Lawyers asked you to file EB3 does not make things right. Why did you agree on EB3? if you were so convinced that you qualified for EB2 you could have taken the matters to your boss and upper management in your company? If you did not get juistice then you could have quit that company and joined another organization that was ready to recognize your talents? All phani_6 wants is a cake and eat it too. This is not possible dude this letter in its present draft is a laughing stock. Make it factually correct and this will make entire IV community support it regarless of Eb2 or Eb3.
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NKR
04-15 08:34 PM
Factors to consider when buying:
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
more...
file485
07-17 12:46 PM
thanks UN for your posts..
we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..
I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..
In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?
we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..
I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..
In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?
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nogc_noproblem
08-06 06:30 PM
Wish I could think so quickly.
A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,
'Are all of those kids yours?'
He replied, 'No. I work for a condom company. These are customer complaints.'
A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,
'Are all of those kids yours?'
He replied, 'No. I work for a condom company. These are customer complaints.'
more...
langagadu
02-12 06:45 PM
Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
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Rolling_Flood
08-05 07:42 AM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
more...
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unitednations
03-25 04:05 AM
As a matter of fact, any one if trained properly can do any job..
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
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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...
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VSS2007
07-13 12:28 AM
Really Good Work!!!
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munnu77
12-18 02:54 PM
Sign of very rare good pakistani journalism:
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
more...
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alterego
07-13 02:18 PM
First off, we are here to get our GC faster so the effort is commendable.
However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.
In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.
However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.
In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.
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lfwf
08-06 03:45 PM
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
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senthil1
05-16 06:55 PM
Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
alterego
04-09 06:04 PM
I have read this thread for the most part, I think everyone seems to agree that the H1b program is in need of some modification. Each person's view seems to be coloured by his or her own circumstances.
In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.
NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.
Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
Those not in that group would actually be right to scream "Bloody Injustice!"
In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.
NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.
Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
Those not in that group would actually be right to scream "Bloody Injustice!"
JunRN
06-07 02:16 PM
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
That's true. We should not look at buying a house as a sound investment because it is really not. I bought a house for my own happiness and satisfaction of a living a nice life in my lifetime.
What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.
That's true. We should not look at buying a house as a sound investment because it is really not. I bought a house for my own happiness and satisfaction of a living a nice life in my lifetime.
What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.
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