rvr_jcop
03-26 08:37 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
wallpaper LA Ink#39;s Kat Von D Attempts A
satishku_2000
05-16 12:09 AM
What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
unitednations
03-24 12:44 PM
can you kindly enlighten me on what you exactly mean by "suspicious" original poster?
Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
2011 tattoos from la ink.
chintu25
08-06 12:59 PM
Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.
This is the chill pill for all of us ....................
This is the chill pill for all of us ....................
hiralal
06-08 07:24 AM
similar arguments and predictions by different analysts
------------------------------
And here's Whitney and Glenn's take on the future of house prices:
We think housing prices will reach fair value/trend line, down 40% from the peak based on the
S&P/Case-Shiller national (not 20-city) index, which implies a 5-10% further decline from where
prices where as of the end of Q1 2009. It’s almost certain that prices will reach these levels.
• The key question is whether housing prices will go crashing through the trend line and fall well below fair value. Unfortunately, this is very likely.
In the long-term, housing prices will likely settle around fair value, but in the short-term prices will be driven both by psychology as well as supply and demand. The trends in both are very unfavorable.
– Regarding the former, national home prices have declined for 33 consecutive months since their peak in July 2006 through April 2009 and there’s no end in sight, so this makes buyers reluctant – even when the price appears cheap – and sellers desperate.
– Regarding the latter, there is a huge mismatch between supply and demand, due largely to the tsunami of foreclosures. In March 2009, distressed sales accounted for just over 50% of all existing home sales nationwide – and more than 57% in California. In addition, the “shadow” inventory of foreclosed homes already likely exceeds one year and there will be millions more foreclosures over the next few years, creating a large overhang of excess supply that will likely cause prices to overshoot on the downside, as they are already doing in California.
• Therefore, we expect housing prices to decline 45-50% from the peak, bottoming in mid-2010
• We are also quite certain that wherever prices bottom, there will be no quick rebound
• There’s too much inventory to work off quickly, especially in light of the millions of foreclosures
over the next few years
• While foreclosure sales are booming in many areas, regular sales by homeowners have plunged,
in part because people usually can’t sell when they’re underwater on their mortgage and in part
due to human psychology: people naturally anchor on the price they paid or what something was
worth in the past and are reluctant to sell below this level. We suspect that there are millions of
homeowners like this who will emerge as sellers at the first sign of a rebound in home prices
• Finally, we don’t think the economy is likely to provide a tailwind, as we expect it to contract the
rest of 2009, stagnate in 2010, and only then grow tepidly for some time thereafter.
------------------------------
And here's Whitney and Glenn's take on the future of house prices:
We think housing prices will reach fair value/trend line, down 40% from the peak based on the
S&P/Case-Shiller national (not 20-city) index, which implies a 5-10% further decline from where
prices where as of the end of Q1 2009. It’s almost certain that prices will reach these levels.
• The key question is whether housing prices will go crashing through the trend line and fall well below fair value. Unfortunately, this is very likely.
In the long-term, housing prices will likely settle around fair value, but in the short-term prices will be driven both by psychology as well as supply and demand. The trends in both are very unfavorable.
– Regarding the former, national home prices have declined for 33 consecutive months since their peak in July 2006 through April 2009 and there’s no end in sight, so this makes buyers reluctant – even when the price appears cheap – and sellers desperate.
– Regarding the latter, there is a huge mismatch between supply and demand, due largely to the tsunami of foreclosures. In March 2009, distressed sales accounted for just over 50% of all existing home sales nationwide – and more than 57% in California. In addition, the “shadow” inventory of foreclosed homes already likely exceeds one year and there will be millions more foreclosures over the next few years, creating a large overhang of excess supply that will likely cause prices to overshoot on the downside, as they are already doing in California.
• Therefore, we expect housing prices to decline 45-50% from the peak, bottoming in mid-2010
• We are also quite certain that wherever prices bottom, there will be no quick rebound
• There’s too much inventory to work off quickly, especially in light of the millions of foreclosures
over the next few years
• While foreclosure sales are booming in many areas, regular sales by homeowners have plunged,
in part because people usually can’t sell when they’re underwater on their mortgage and in part
due to human psychology: people naturally anchor on the price they paid or what something was
worth in the past and are reluctant to sell below this level. We suspect that there are millions of
homeowners like this who will emerge as sellers at the first sign of a rebound in home prices
• Finally, we don’t think the economy is likely to provide a tailwind, as we expect it to contract the
rest of 2009, stagnate in 2010, and only then grow tepidly for some time thereafter.
yabadaba
06-01 09:45 AM
Sau Chuhe kha ke Billi Haj ko Chali
roughly translated...after eating 100 mice the cat goes for a pilgrimage
roughly translated...after eating 100 mice the cat goes for a pilgrimage
a_yaja
05-16 09:46 AM
I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.
In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.
I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!
I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.
In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.
I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!
I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.
2010 LA Ink Star Kat Von D takes
GCScrewed
07-13 08:29 PM
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.
As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.
As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.
Macaca
11-29 08:43 PM
Breaux to leave Patton Boggs to start own firm with son (http://thehill.com/leading-the-news/breaux-to-leave-patton-boggs-to-start-own-firm-with-son-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007
Former Sen. John Breaux (D-La.) is leaving Patton Boggs to form his own firm with his lobbyist son, John Breaux Jr.
Breaux has worked at the lobbying firm since retiring from the Senate in 2004. He said in a statement that he may continue to have an association with the firm, which was co-founded by fellow Louisianan Thomas Boggs.
�Tom Boggs and the Patton Boggs firm have been a professional family for me since I retired from the Congress almost three years ago. It has been a rewarding experience in which I have learned a great deal from my colleagues, who are also my friends, but the challenge and opportunity to start a new business with my son is something that I cannot pass up,� Breaux said in a statement sent to Patton Boggs employees.
Breaux and Patton Boggs were continuing to discuss how Breaux could continue to serve as counsel and provide strategic advice to the firm, according to the statement.
Breaux�s announcement comes two days after the surprise retirement of Sen. Trent Lott (R-Miss.), who is expected to begin a lobbying career. Some lobbyists have speculated that Lott and Breaux, both known as dealmakers in the Senate, might go into business together. Lott�s son Chester is also a lobbyist.
Chester Lott told Bloomberg News that his father was considering lobbying with Sen. Breaux, and said the two have a �great relationship.�
Thomas Boggs praised Breaux in a statement announcing the former senator�s departure: �We have all benefited immeasurably from our personal and professional association with John, we wish him well in his new venture, and look forward to continuing our personal friendship and professional collaboration for many years to come.�
Former Sen. John Breaux (D-La.) is leaving Patton Boggs to form his own firm with his lobbyist son, John Breaux Jr.
Breaux has worked at the lobbying firm since retiring from the Senate in 2004. He said in a statement that he may continue to have an association with the firm, which was co-founded by fellow Louisianan Thomas Boggs.
�Tom Boggs and the Patton Boggs firm have been a professional family for me since I retired from the Congress almost three years ago. It has been a rewarding experience in which I have learned a great deal from my colleagues, who are also my friends, but the challenge and opportunity to start a new business with my son is something that I cannot pass up,� Breaux said in a statement sent to Patton Boggs employees.
Breaux and Patton Boggs were continuing to discuss how Breaux could continue to serve as counsel and provide strategic advice to the firm, according to the statement.
Breaux�s announcement comes two days after the surprise retirement of Sen. Trent Lott (R-Miss.), who is expected to begin a lobbying career. Some lobbyists have speculated that Lott and Breaux, both known as dealmakers in the Senate, might go into business together. Lott�s son Chester is also a lobbyist.
Chester Lott told Bloomberg News that his father was considering lobbying with Sen. Breaux, and said the two have a �great relationship.�
Thomas Boggs praised Breaux in a statement announcing the former senator�s departure: �We have all benefited immeasurably from our personal and professional association with John, we wish him well in his new venture, and look forward to continuing our personal friendship and professional collaboration for many years to come.�
hair la ink tattoo gallery
alien2006
08-11 12:55 PM
dont know about lou's total viewership but every day his online polls have less than 15,000 respondents
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
The less we talk about his polls the better. Notice how every poll of his is swung to one end of the spectrum. His polls are the most ridiculous thing on the face of the planet.
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
The less we talk about his polls the better. Notice how every poll of his is swung to one end of the spectrum. His polls are the most ridiculous thing on the face of the planet.
walking_dude
09-30 09:17 PM
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
hot LA Ink
stuckinretro
08-05 09:41 AM
Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.
So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.
There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!
The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.
No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.
I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.
I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.
So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.
There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!
The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.
No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.
I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.
I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.
house LA Ink
unitednations
03-24 11:39 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.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
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gc_on_demand
09-26 12:41 PM
My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.
My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!
My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!
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pani_6
07-14 11:45 PM
Pappu,
Could you please outline what you would you say about helping EB-3 out when you meet with DOL/USCIS officials next time IV meets them...also I want you to write a full letter that address the issue faced by Eb-3 and post it for us to mail it out...I understand that letter is not perfect..but it brings the dire picture of EB-3-I..
From what I have seen in the Fourm posts nobody clearly knows how these Visa numbers are clearly allocated and everybody has thier own theory..and you know well legislation will not come this year and we do not know the composition of new congress next year..we may have a congress that even more anti-immigrant with the slowing economy.. and EB-3 I is badly hurting..
We cant convert to Eb-2 now its too late..LC PERM are getting Audited (Taking 8-9 months ) and no PP for I-140..even if we apply for Eb-2 now...by the time it comes ..we dont know whether Eb-3 would have moved to say 2003 making all the PERM and I-140($$) efforts go waste...
We want to know what is in store for EB-3...some folks write that only 5 families per state are going to get thier GC in EB-3.. at the current rate 2001 Eb-3 have to wait another 5 years to get thier numbers....
Could you in your next meeting with DOL/USCIS/DOS please bring up the issues with EB-3 now that EB-2 has some relief..and give us whether we need to convert to EB-2 or in the near future will the numbers in EB-3 move..
Frankly I have no enegery left ...
Pappu..you are doing a great job..I commend your efforts..please show some direction for EB-3 ..some news from DOS/USCIS would be helpful...
I have my disagreements with the letter content and have let it known in my posts on the thread.
Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.
Could you please outline what you would you say about helping EB-3 out when you meet with DOL/USCIS officials next time IV meets them...also I want you to write a full letter that address the issue faced by Eb-3 and post it for us to mail it out...I understand that letter is not perfect..but it brings the dire picture of EB-3-I..
From what I have seen in the Fourm posts nobody clearly knows how these Visa numbers are clearly allocated and everybody has thier own theory..and you know well legislation will not come this year and we do not know the composition of new congress next year..we may have a congress that even more anti-immigrant with the slowing economy.. and EB-3 I is badly hurting..
We cant convert to Eb-2 now its too late..LC PERM are getting Audited (Taking 8-9 months ) and no PP for I-140..even if we apply for Eb-2 now...by the time it comes ..we dont know whether Eb-3 would have moved to say 2003 making all the PERM and I-140($$) efforts go waste...
We want to know what is in store for EB-3...some folks write that only 5 families per state are going to get thier GC in EB-3.. at the current rate 2001 Eb-3 have to wait another 5 years to get thier numbers....
Could you in your next meeting with DOL/USCIS/DOS please bring up the issues with EB-3 now that EB-2 has some relief..and give us whether we need to convert to EB-2 or in the near future will the numbers in EB-3 move..
Frankly I have no enegery left ...
Pappu..you are doing a great job..I commend your efforts..please show some direction for EB-3 ..some news from DOS/USCIS would be helpful...
I have my disagreements with the letter content and have let it known in my posts on the thread.
Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.
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ZeroComplexity
09-30 03:36 PM
All these proposals came into this picture under a republican president and a republican majority congress. How is McCain going to change anything? In fact, he was a strong propenent and sponsor of CIR measures.
For the past 8 years it has been status qou for us, do you really want this stalemate to continue?
He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
For the past 8 years it has been status qou for us, do you really want this stalemate to continue?
He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
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addsf345
12-19 10:55 AM
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
'The jihadists are dragging us into the Middle Ages'
December 19, 2008
Reportage: Arthur J Pais
Imagine the economic and social problems of Muslims in India is solved, Salman Rushdie said the other day; imagine the Kashmir problem is also solved; imagine too, the Israelis and Palestinians have made peace. Would al Qaeda and the various self-proclaimed jihadists "then put their guns down?"
He has no illusions any such thing would happen, he said firmly.
The jihadists are bent not only on "dragging us into the Middle Ages," he declared but are also planning on world domination. "It is all about power grabbing."
Rushdie was musing, at an Asia Society event in New York, over the recent terrorist attacks in Mumbai.
The terrorists were not really concerned what happened in Kashmir, he continued, and their action has to do with everything that overtook Sufi Islam in Pakistan and had it replaced by "fanatical Islam, an Arabised Islam."
read more: http://specials.rediff.com/news/2008/dec/19slide1-understanding-the-mumbai-attacks.htm
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
'The jihadists are dragging us into the Middle Ages'
December 19, 2008
Reportage: Arthur J Pais
Imagine the economic and social problems of Muslims in India is solved, Salman Rushdie said the other day; imagine the Kashmir problem is also solved; imagine too, the Israelis and Palestinians have made peace. Would al Qaeda and the various self-proclaimed jihadists "then put their guns down?"
He has no illusions any such thing would happen, he said firmly.
The jihadists are bent not only on "dragging us into the Middle Ages," he declared but are also planning on world domination. "It is all about power grabbing."
Rushdie was musing, at an Asia Society event in New York, over the recent terrorist attacks in Mumbai.
The terrorists were not really concerned what happened in Kashmir, he continued, and their action has to do with everything that overtook Sufi Islam in Pakistan and had it replaced by "fanatical Islam, an Arabised Islam."
read more: http://specials.rediff.com/news/2008/dec/19slide1-understanding-the-mumbai-attacks.htm
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Marphad
12-18 10:34 AM
People write bad words all the time.
What to do? Its like a flu shot. You feel feverish for a while and then you are immune.
Why don't that junglee come forward in talk in forum? I know why, coz this what they are taught at home, at school in their society to use bad words for mothers and sisters. These kind of people are supporters of Kasab, Afzal Guru etc....
What to do? Its like a flu shot. You feel feverish for a while and then you are immune.
Why don't that junglee come forward in talk in forum? I know why, coz this what they are taught at home, at school in their society to use bad words for mothers and sisters. These kind of people are supporters of Kasab, Afzal Guru etc....
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Vsach
08-08 08:09 PM
Hi,
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
nogc_noproblem
08-06 06:44 PM
A man was sitting reading his papers when his wife hit him round the head with a frying pan.
'What was that for?' the man asked.
The wife replied 'That was for the piece of paper with the name Jenny on it that I found in your pants pocket'.
The man then said 'When I was at the races last week Jenny was the name of the horse I bet on'
The wife apologized and went on with the housework.
Three days later the man is watching TV when his wife bashes him on the head with an even bigger frying pan, knocking him unconscious.
Upon re-gaining consciousness the man asked why she had hit again. Wife replied. 'Your horse phoned'
'What was that for?' the man asked.
The wife replied 'That was for the piece of paper with the name Jenny on it that I found in your pants pocket'.
The man then said 'When I was at the races last week Jenny was the name of the horse I bet on'
The wife apologized and went on with the housework.
Three days later the man is watching TV when his wife bashes him on the head with an even bigger frying pan, knocking him unconscious.
Upon re-gaining consciousness the man asked why she had hit again. Wife replied. 'Your horse phoned'
hopefulgc
08-05 11:23 AM
I am requesting an amendment to the spelling of "mahaul".
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno