unitednations
08-02 11:54 PM
AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
wallpaper MEL GIBSON in BRAVEHEART
riva2005
04-08 11:43 PM
Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
pete
04-09 11:47 AM
EB1 requires either a tenure track position in research. I am a physician and did not want to be in a tenure track research position.
Also EB1 without employment is very difficult to get. I would not have qualified for that.
I am not interested in your rhetoric. It doesnt mean anything.
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
Also EB1 without employment is very difficult to get. I would not have qualified for that.
I am not interested in your rhetoric. It doesnt mean anything.
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
2011 Mel Gibson won two oscars for
gapala
06-21 09:43 PM
Usually they will give you 3-4 weeks to leave.
What do you mean by they will give you?
The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...
Please do not post wrong information..
What do you mean by they will give you?
The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...
Please do not post wrong information..
more...
hpandey
09-26 09:59 AM
All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
smisachu
12-28 08:48 PM
India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.
And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.
So Mr. Trained Reservist,
Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?
Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.
And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.
So Mr. Trained Reservist,
Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?
Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.
more...
nojoke
04-14 03:02 PM
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
No one is scaring away others from buying a house. We are all pointing to the risk of buying a house at this time, which you are already agreeing. :)
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
No one is scaring away others from buying a house. We are all pointing to the risk of buying a house at this time, which you are already agreeing. :)
2010 Mel Gibson - Braveheart.
mbartosik
09-29 12:05 PM
My primary reason for supporting Obama is environment...
Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.
I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).
McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.
See my solar system install here: http://tinyurl.com/4h3sm7
- it's impressive.
So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
I support Obama with contributions -- since I cannot vote.
I also support IV with contributions.
My political slogan:
"Blow baby blow"
"Shine baby shine"
- Renewable energy is the future, it is made in the USA!
Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.
However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.
Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.
I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).
McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.
See my solar system install here: http://tinyurl.com/4h3sm7
- it's impressive.
So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
I support Obama with contributions -- since I cannot vote.
I also support IV with contributions.
My political slogan:
"Blow baby blow"
"Shine baby shine"
- Renewable energy is the future, it is made in the USA!
Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.
However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.
more...
bfadlia
01-07 03:22 PM
Jesus didn't change any commandments. Read bible and comment. He said about the summary for the 10 commnandment. He said 1. love your God 2. Love your neighbour. It contains all commandments. Read the commandments. You will see it contains these 2 meanings only.
Jesu's birth, life and cruxification are done according to the prophesy in old textment. If you have time read it. Christians didn't changed old testment. But most of the jews not recognise him during the time. Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.
About trinity, we human cannot understand the complexity of God. We still cannot understand or expalin the nature misteries, how we can understand God in detail??. But God revealed some details to his people through prophet. Malachi is the last prophet. It is the last book in the old testment. After the mesiah was come to the world. God was revealed to human.
Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
peace.
Jesu's birth, life and cruxification are done according to the prophesy in old textment. If you have time read it. Christians didn't changed old testment. But most of the jews not recognise him during the time. Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.
About trinity, we human cannot understand the complexity of God. We still cannot understand or expalin the nature misteries, how we can understand God in detail??. But God revealed some details to his people through prophet. Malachi is the last prophet. It is the last book in the old testment. After the mesiah was come to the world. God was revealed to human.
Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
peace.
hair mel gibson braveheart kilt. del film Braveheart,; del film Braveheart,
nojoke
05-03 02:33 AM
NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
more...
satishku_2000
05-16 06:39 PM
Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.
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.
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.
hot Directed by Mel Gibson
gc_chahiye
08-14 08:49 PM
To United Nation
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.
more...
house catherine mccormack raveheart
Tito_ortiz
01-03 10:23 PM
What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
tattoo Related Links: Mel Gibson,
waitnwatch
08-06 01:40 PM
Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
more...
pictures fan of Mel Gibson.
nogc_noproblem
08-08 11:46 PM
Good one!!!
I thought the first blonde joke was really very funny - Helloooooooo :)
I thought the first blonde joke was really very funny - Helloooooooo :)
dresses Melgibson Mel Gibson#39;s wife
Marphad
12-18 12:10 PM
Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
more...
makeup Mel Gibson
hopefulgc
07-13 09:56 PM
eligibility comes for having gained the requisite experience in another job.. not the current one.
One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
girlfriend New Meme: Mel Gibson#39;s Latest
unitednations
07-10 03:21 PM
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.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
hairstyles Mel Gibson#39;s clothes from
Macaca
12-21 10:00 AM
Republican Unity Trumps Democratic Momentum (http://www.nytimes.com/2007/12/21/washington/21cong.html) By CARL HULSE and ROBERT PEAR | NY Times, Dec 21, 2007
WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.
What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.
Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.
�What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�
Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.
Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.
�I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.
As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.
�A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.
Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.
As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.
Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.
�Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�
As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.
But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.
The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.
Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.
On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�
The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.
Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.
As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.
�The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.
Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.
Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.
�I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�
Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.
And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�
WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.
What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.
Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.
�What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�
Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.
Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.
�I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.
As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.
�A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.
Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.
As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.
Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.
�Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�
As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.
But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.
The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.
Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.
On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�
The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.
Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.
As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.
�The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.
Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.
Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.
�I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�
Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.
And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�
GC_Applicant
04-08 11:44 PM
Not that I am going to buy right now., but want to get my home work done.
Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.
Thanks for all the great info.
Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.
Thanks for all the great info.
kumarc123
01-03 09:55 PM
Guys you all re incredible with your perspectives on the subject WAR
I have a golden question
Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that
WAR DOES NOT HELP ANYONE<
Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.
We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.
Thank uoi
I have a golden question
Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that
WAR DOES NOT HELP ANYONE<
Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.
We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.
Thank uoi
No comments:
Post a Comment