mps
08-05 02:35 PM
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
Wow ! So you are saying that no one qualifies for EB2 after 2004 !
I kindly disagree.
Wow ! So you are saying that no one qualifies for EB2 after 2004 !
I kindly disagree.
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Rolling_Flood
08-05 07:23 AM
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
gcdreamer05
08-08 12:15 PM
There was a terrible bus accident. Unfortunately, no one survived the accident except a monkey which was on board and there were no witnesses. The police try to investigate further but they get no results. At last, they try to interrogate the monkey. The monkey seems to respond to their questions with gestures. Seeing that, they start asking the questions.
The police chief asks: "What were the people doing on the bus?"
The monkey shakes his head in a condemning manner and starts dancing around; meaning the people were dancing and having fun.
The chief asks: "Yeah, but what else were they doing?".
The monkey uses his hand and takes it to his mouth as if holding a bottle.
The chief says: "Oh! They were drinking, huh?!" The chief continues, "Okay, were they doing anything else?"
The monkey nods his head and moves his mouth back and forth, meaning they were talking.
The chief loses his patience: "If they were having such a great time, who was driving the stupid bus then?"
The monkey cheerfully swings his arms to the sides as if grabbing a wheel.
The police chief asks: "What were the people doing on the bus?"
The monkey shakes his head in a condemning manner and starts dancing around; meaning the people were dancing and having fun.
The chief asks: "Yeah, but what else were they doing?".
The monkey uses his hand and takes it to his mouth as if holding a bottle.
The chief says: "Oh! They were drinking, huh?!" The chief continues, "Okay, were they doing anything else?"
The monkey nods his head and moves his mouth back and forth, meaning they were talking.
The chief loses his patience: "If they were having such a great time, who was driving the stupid bus then?"
The monkey cheerfully swings his arms to the sides as if grabbing a wheel.
2011 call of duty modern warfare 2
Desichakit
08-06 11:01 AM
I think clearing an exam like IIT-JEE in no way makes a person Superior over others. I my self have cleared IIT-JEE and am EB2 India, but still I see this proposed/planned Law suit to be ill thought off.
Rolling Flood: I can only say that you can give any logic for this Lawsuit and it can be countered by any other logic why it is incorrect.
Some body Porting from EB3 to EB2 if it is done sucessfully previoyusly then it is Lawfull.
Many countries had their Jaichand's who will go to any extent for their own benefit, but society, nations thrive even after that.
Your comments is very welcome because it gives all of us 1 more reason to be united than divided.
PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society
Rolling Flood: I can only say that you can give any logic for this Lawsuit and it can be countered by any other logic why it is incorrect.
Some body Porting from EB3 to EB2 if it is done sucessfully previoyusly then it is Lawfull.
Many countries had their Jaichand's who will go to any extent for their own benefit, but society, nations thrive even after that.
Your comments is very welcome because it gives all of us 1 more reason to be united than divided.
PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society
more...
krishnam70
03-26 07:10 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
setpit_gc
08-06 11:36 AM
Rolling Flood,
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
more...
nojoke
04-10 12:13 AM
we may be thinking that the points below are a worst case scenario but according to the famous economist Roubini - this is a likely one.
on the lighter side - if this really happens then even the mighty GC would become finally just a card (or a Garbage Can as my friend points out) .:rolleyes:
--------
1. We are experiencing the worst US housing recession since the Great Depression and this housing recession is nowhere near bottoming out.
Unfortunately this is where we are heading. Lowering the interest rate and inflating everything else is not the solution. If they let the housing fall quick, the economy will probably recover quickly.It will be painful, but short. Fed is just delaying the inevitable and making it slow and painful. They wouldn't be able to save the housing and they will inflate everything else:mad: Unless we stop throwing the money into the iraq black hole, this will be another depression.
on the lighter side - if this really happens then even the mighty GC would become finally just a card (or a Garbage Can as my friend points out) .:rolleyes:
--------
1. We are experiencing the worst US housing recession since the Great Depression and this housing recession is nowhere near bottoming out.
Unfortunately this is where we are heading. Lowering the interest rate and inflating everything else is not the solution. If they let the housing fall quick, the economy will probably recover quickly.It will be painful, but short. Fed is just delaying the inevitable and making it slow and painful. They wouldn't be able to save the housing and they will inflate everything else:mad: Unless we stop throwing the money into the iraq black hole, this will be another depression.
2010 call of duty modern warfare 2
gc28262
03-24 04:01 PM
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
Thanks.
I guess you are right. The long wait times for Indians should be one of the reason.
The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.
Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
Thanks.
I guess you are right. The long wait times for Indians should be one of the reason.
The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.
Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.
more...
RNGC
06-23 04:37 PM
If you are worried about 485 getting denied then -
1. Buy a house now and live in it for 10-15 years and build up equity.
2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
4. But bigger house after GC gets approved OR go back home.
2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.
good!
1. Buy a house now and live in it for 10-15 years and build up equity.
2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
4. But bigger house after GC gets approved OR go back home.
2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.
good!
hair Modern Warfare 2
pappu
12-26 05:44 PM
CNBC. They are also airing a programme on immigration at 8pm eastern.
Its about Illegal immigration only
8:00pm - 9:00pm, NBC (23)
Tom Brokaw Reports
The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…
Its about Illegal immigration only
8:00pm - 9:00pm, NBC (23)
Tom Brokaw Reports
The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…
more...
Ramba
08-05 02:28 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
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Macaca
07-31 05:00 PM
No Recess For K Street: (http://www.rollcall.com/issues/53_14/vested/19584-1.html) Lobbyists Plan Outreach Efforts In Districts, on Campaign Trail By Kate Ackley, ROLL CALL STAFF
The countdown to the August recess has entered its final stretch with just one week to go. But for Washington, D.C., lobbying organizations, the steamy month of Congressional downtime means a lot more than slipping out of town to sip pi�a coladas on the beach.
It's an opportunity to contact Members back home in their districts and to mobilize constituents with issue ads and special events. The break also gives lobbyists a chance to set up along the campaign trail to push their agendas with presidential candidates in ocean-free zones such as Des Moines, Iowa.
Usual suspects AARP, the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America plan to hit the road in August along with some grass-roots newcomers, including ONE, the organization founded by rock star Bono.
"August is a critical month," said James Fuller, a managing director at Public Strategies Inc., which is working to shape patent legislation for the Coalition for 21st Century Patent Reform. "When Members go home they hear about all these types of issues. Now's the time when they take notice."
Fuller's coalition plans to organize in-district meetings, letter and e-mail writing campaigns, and efforts to get its allies to be vocal participants at Members' town hall meetings. Fuller said all of this is intended to help lay the groundwork for upcoming action in September on patent reform bills in the House and Senate. Targets of the coalition's August lobbying efforts, he said, include Democratic Sens. Dianne Feinstein (Calif.) and Edward Kennedy (Mass.), among others. "We're going to be very aggressive in August, reaching out to companies in states we know we need," he added.
Bono's ONE campaign also is planning a major effort in August, said the group's Kimberly Cadena, asking its 2.5 million supporters to speak with their Members when it comes to the farm bill and other items.
"ONE will kick off the August recess with a grass-roots legislative briefing on the evening of August 2," Cadena said. Over the recess, ONE members, sans Bono, will be lobbying for the Education for All and U.S. Commitment to Global Child Survival bills, she added.
Divided We Fail - a health care-focused effort sponsored by the AARP, Service Employees International Union and Business Roundtable - plans to hit the Iowa State Fair on Aug. 10 to make sure presidential contenders hear their views.
And Bill Miller, vice president and political director with the Chamber of Commerce, said his group dispatches lobbyists on the road during every Congressional recess.
"We decided this year to put an increased focus on doing those visits to Congressional districts and states where lots of our issues are in play and Congressional districts that are also politically in play," Miller said, adding that fundraisers also are a component of the chamber's August outreach to Members.
Miller's team will focus on restarting the free-trade agenda, the stalled efforts on immigration reform and stymying union efforts in Congress including the card-check bill. "Whether you're a union company or mid-sized, little guy or not, the passage and enactment of something like this would have severe consequences for the United States economy," he said.
On the other side of the political spectrum, the liberal group Campaign for America's Future is planning a barrage of targeted ads, direct mail and local press events.
"The Campaign for America's Future plans to take the gloves off this recess to ensure that Americans are clear on who is pushing for change and who is standing in the way," said Toby Chaudhuri, the group's communications director. "The conservative minority has chosen a strategy of blocking legislation at a record pace in the Senate. We're going to expose the obstruction."
The private equity crowd, which is working to fend off proposals to increase taxes on the industry, is planning to continue making its case during the recess, said Robert Stewart, the Private Equity Council's vice president of public affairs. "It makes much more sense for the country, for the economic growth of the country, not to single out private equity for punitive tax treatment," he said.
America's Health Insurance Plans - which went on the air last week with ads defending the Medicare Advantage program that is on the chopping block to help pay for the State Children's Health Insurance Program - is planning to run more ads in targeted districts, depending on how this week's SCHIP debate turns out. AHIP will be working closely with seniors who use Medicare Advantage through the Coalition for Medicare Choices, said AHIP spokesman Mohit Ghose.
"We are going to ensure that every Member of Congress understands what the impending cuts being proposed in the House mean for their constituents," Ghose said. The 400,000 volunteer members of the coalition, he added, "will go to town hall meetings and interact at the district office."
Also on the health care front, PhRMA plans to fuel up its Partnership for Prescription Assistance bus, which will roll into several Members' districts over August, including those of Reps. James Clyburn (D-S.C.), Gene Green (D-Texas) and Tim Murphy (R-Pa.). The PPA is a pharmaceutical company program that helps pay for medicine for low-income people. PhRMA Senior Vice President Ken Johnson said the bus already has done 13 events but plans to ramp up the tour in August.
"August is important for us because it's the one time a year when most Members are back home in their districts," he said. "During August, we have the opportunity to hold a significant number of events."
The countdown to the August recess has entered its final stretch with just one week to go. But for Washington, D.C., lobbying organizations, the steamy month of Congressional downtime means a lot more than slipping out of town to sip pi�a coladas on the beach.
It's an opportunity to contact Members back home in their districts and to mobilize constituents with issue ads and special events. The break also gives lobbyists a chance to set up along the campaign trail to push their agendas with presidential candidates in ocean-free zones such as Des Moines, Iowa.
Usual suspects AARP, the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America plan to hit the road in August along with some grass-roots newcomers, including ONE, the organization founded by rock star Bono.
"August is a critical month," said James Fuller, a managing director at Public Strategies Inc., which is working to shape patent legislation for the Coalition for 21st Century Patent Reform. "When Members go home they hear about all these types of issues. Now's the time when they take notice."
Fuller's coalition plans to organize in-district meetings, letter and e-mail writing campaigns, and efforts to get its allies to be vocal participants at Members' town hall meetings. Fuller said all of this is intended to help lay the groundwork for upcoming action in September on patent reform bills in the House and Senate. Targets of the coalition's August lobbying efforts, he said, include Democratic Sens. Dianne Feinstein (Calif.) and Edward Kennedy (Mass.), among others. "We're going to be very aggressive in August, reaching out to companies in states we know we need," he added.
Bono's ONE campaign also is planning a major effort in August, said the group's Kimberly Cadena, asking its 2.5 million supporters to speak with their Members when it comes to the farm bill and other items.
"ONE will kick off the August recess with a grass-roots legislative briefing on the evening of August 2," Cadena said. Over the recess, ONE members, sans Bono, will be lobbying for the Education for All and U.S. Commitment to Global Child Survival bills, she added.
Divided We Fail - a health care-focused effort sponsored by the AARP, Service Employees International Union and Business Roundtable - plans to hit the Iowa State Fair on Aug. 10 to make sure presidential contenders hear their views.
And Bill Miller, vice president and political director with the Chamber of Commerce, said his group dispatches lobbyists on the road during every Congressional recess.
"We decided this year to put an increased focus on doing those visits to Congressional districts and states where lots of our issues are in play and Congressional districts that are also politically in play," Miller said, adding that fundraisers also are a component of the chamber's August outreach to Members.
Miller's team will focus on restarting the free-trade agenda, the stalled efforts on immigration reform and stymying union efforts in Congress including the card-check bill. "Whether you're a union company or mid-sized, little guy or not, the passage and enactment of something like this would have severe consequences for the United States economy," he said.
On the other side of the political spectrum, the liberal group Campaign for America's Future is planning a barrage of targeted ads, direct mail and local press events.
"The Campaign for America's Future plans to take the gloves off this recess to ensure that Americans are clear on who is pushing for change and who is standing in the way," said Toby Chaudhuri, the group's communications director. "The conservative minority has chosen a strategy of blocking legislation at a record pace in the Senate. We're going to expose the obstruction."
The private equity crowd, which is working to fend off proposals to increase taxes on the industry, is planning to continue making its case during the recess, said Robert Stewart, the Private Equity Council's vice president of public affairs. "It makes much more sense for the country, for the economic growth of the country, not to single out private equity for punitive tax treatment," he said.
America's Health Insurance Plans - which went on the air last week with ads defending the Medicare Advantage program that is on the chopping block to help pay for the State Children's Health Insurance Program - is planning to run more ads in targeted districts, depending on how this week's SCHIP debate turns out. AHIP will be working closely with seniors who use Medicare Advantage through the Coalition for Medicare Choices, said AHIP spokesman Mohit Ghose.
"We are going to ensure that every Member of Congress understands what the impending cuts being proposed in the House mean for their constituents," Ghose said. The 400,000 volunteer members of the coalition, he added, "will go to town hall meetings and interact at the district office."
Also on the health care front, PhRMA plans to fuel up its Partnership for Prescription Assistance bus, which will roll into several Members' districts over August, including those of Reps. James Clyburn (D-S.C.), Gene Green (D-Texas) and Tim Murphy (R-Pa.). The PPA is a pharmaceutical company program that helps pay for medicine for low-income people. PhRMA Senior Vice President Ken Johnson said the bus already has done 13 events but plans to ramp up the tour in August.
"August is important for us because it's the one time a year when most Members are back home in their districts," he said. "During August, we have the opportunity to hold a significant number of events."
more...
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unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
tattoo Of Duty Modern Warfare 2?
StuckInTheMuck
08-08 04:40 PM
Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."
"Well," says the big alligator, "What have you been eating?"
"Immigration attorneys, same as you," replies the small alligator.
"Hm. Well, where do you catch 'em?"
"Down at that law firm on the edge of the swamp."
"Same here. Hm. How do you catch 'em?"
"Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"
"Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."
"Well," says the big alligator, "What have you been eating?"
"Immigration attorneys, same as you," replies the small alligator.
"Hm. Well, where do you catch 'em?"
"Down at that law firm on the edge of the swamp."
"Same here. Hm. How do you catch 'em?"
"Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"
"Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."
more...
pictures call of duty modern warfare 2
anandrajesh
03-24 11:17 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
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desi3933
08-05 10:55 PM
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
So, what is your point? Why are you against PD recapture (aka porting)?
Since you mentioned it, let me say few things about myself -
1. I have graduate degree from IIT as well (IMHO its no big deal)
2. I have Masters as well
3. Took the job that pertained to my field of study
4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
5. I worked for Fortune 50 company (until last month)
6. I had exactly the same medical/vacation/retirement benefits as other employees
I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.
PS - Last Month, I become independent consultant in my field and enjoying my work.
Good Luck to you.
___________________________
Permanent Resident since 2002
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
So, what is your point? Why are you against PD recapture (aka porting)?
Since you mentioned it, let me say few things about myself -
1. I have graduate degree from IIT as well (IMHO its no big deal)
2. I have Masters as well
3. Took the job that pertained to my field of study
4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
5. I worked for Fortune 50 company (until last month)
6. I had exactly the same medical/vacation/retirement benefits as other employees
I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.
PS - Last Month, I become independent consultant in my field and enjoying my work.
Good Luck to you.
___________________________
Permanent Resident since 2002
more...
makeup call of duty modern warfare 2
nogc_noproblem
08-26 09:27 PM
Simple Questions, Complicated Answers
Why does monosyllabic have five syllables?
Why are there interstate highways in Hawaii?
Why do we drive on parkways and park on driveways?
Why are they called apartments, when they're all stuck together?
Why do scientists call it research when looking for something new?
Why do they call it a building? It looks like they're finished. Why isn't it a built?
Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?
If vegetarians eat vegetables, what do humanitarians eat?
If price and worth mean the same thing, why priceless and worthless are opposites?
Is there another word for synonym?
Is it possible to be totally partial?
Why does monosyllabic have five syllables?
Why are there interstate highways in Hawaii?
Why do we drive on parkways and park on driveways?
Why are they called apartments, when they're all stuck together?
Why do scientists call it research when looking for something new?
Why do they call it a building? It looks like they're finished. Why isn't it a built?
Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?
If vegetarians eat vegetables, what do humanitarians eat?
If price and worth mean the same thing, why priceless and worthless are opposites?
Is there another word for synonym?
Is it possible to be totally partial?
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Arjun
07-14 08:42 PM
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.
you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.
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senthil1
05-16 11:40 AM
My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons. Anyhow it is my personal view and IV view is different. As a pro immigrant organization we cannot support any anti immigrant bill.
oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?
Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.
Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.
You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons. Anyhow it is my personal view and IV view is different. As a pro immigrant organization we cannot support any anti immigrant bill.
oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?
Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.
Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.
You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".
bondgoli007
01-06 05:06 PM
At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!
What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!
Michigan123
12-29 12:59 PM
"The great Athenian historian Thucydides, writing almost 2500 years ago, concluded that one reason a nation goes to war is a perception of waning power: act now because the future looks worse than the present. The scale of the assault on Gaza suggests that the Olmert government is validating Thucydides' analysis: embarking on the end game to crush Hamas before it gets stronger, and Israel's position gets weaker. As Thucydides also observed, though, nations taking this gamble tend to be poor judges of what the consequences will be."
I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....
Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
" Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "
so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"
Well read Bible and other books and you will able to judge .....
So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
Please note that Jews killed Jesus. This fact do not go well with conservative
War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...
At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..
At end GOD SAVE AMERICA.
I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....
Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
" Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "
so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"
Well read Bible and other books and you will able to judge .....
So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
Please note that Jews killed Jesus. This fact do not go well with conservative
War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...
At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..
At end GOD SAVE AMERICA.
