natrajs
08-05 11:14 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 am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)
I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair
It�s my opinion, I am sure that you will differ on mine, that is ok,
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 am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)
I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair
It�s my opinion, I am sure that you will differ on mine, that is ok,
wallpaper Tia Mowry and Tamera Mowry
Macaca
12-29 07:52 PM
Foreign dignitaries chafe at TSA policies (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122205461.html) By Colum Lynch | Washington Post
Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.
At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.
The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.
Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.
The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.
Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)
In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.
For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.
The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.
"Let me be very frank that this is unacceptable," Krishna said.
Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.
State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."
A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.
Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."
Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."
"United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."
In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.
Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."
He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.
But other diplomats from South Asia say they have had no trouble with the TSA.
Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."
Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.
At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.
The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.
Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.
The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.
Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)
In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.
For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.
The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.
"Let me be very frank that this is unacceptable," Krishna said.
Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.
State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."
A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.
Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."
Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."
"United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."
In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.
Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."
He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.
But other diplomats from South Asia say they have had no trouble with the TSA.
Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."
bondgoli007
01-06 04:24 PM
Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD
WOW!!!
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
WOW!!!
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
2011 Tia, 29amp; her husband Cory, 32,
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.
more...
nogc_noproblem
08-26 11:00 PM
This is awesome�����.
This is hilarious........
http://odeo.com/episodes/7076453
This is hilarious........
http://odeo.com/episodes/7076453
Marphad
12-17 02:37 PM
Marphad,
But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
more...
pointlesswait
01-06 01:28 PM
violence is a two way sword..
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
2010 Cory Hardrict, the actor
msp1976
04-07 08:31 AM
Members working for consulting companies can talk to their employers about this. Let us know their response.
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
more...
rvr_jcop
03-26 07:21 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?
Thanks for bringing this up. I hear so many explanations related to the work location.
The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.
The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.
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?
Thanks for bringing this up. I hear so many explanations related to the work location.
The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.
The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.
hair Tia Mowry
gimme_GC2006
03-23 12:08 PM
How did you verify if the call was really from Immigration services?
well..thats good question..I couldnt..because calling number was Unavailable..
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
well..thats good question..I couldnt..because calling number was Unavailable..
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
more...
Macaca
02-29 09:03 PM
Oracle Unit Lobbied on Patents, Visas (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803503.html) Associated Press, Feb 28
WASHINGTON -- A unit of business software maker Oracle Corp. paid VAR II LLC $140,000 in 2007 to lobby the federal government .
The firm lobbied Congress on a patent reform bill and immigration reform legislation related to visas for high-tech workers, according to the form posted online Feb. 13 by the Senate's public records office. Oracle USA Inc. paid the firm $140,000 in the second half of 2007 to lobby on those issues after hiring VAR II earlier last year.
The House last year approved a patent-reform bill intended to reduce litigation, improve patent quality and establish a post-approval evaluation process. Technology and financial services firms support the legislation, but pharmaceutical and biotechnology companies said it would weaken patent protection by reducing infringement penalties. The Senate is considering similar legislation.
Oracle is based in Redwood City, Calif.
Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.
WASHINGTON -- A unit of business software maker Oracle Corp. paid VAR II LLC $140,000 in 2007 to lobby the federal government .
The firm lobbied Congress on a patent reform bill and immigration reform legislation related to visas for high-tech workers, according to the form posted online Feb. 13 by the Senate's public records office. Oracle USA Inc. paid the firm $140,000 in the second half of 2007 to lobby on those issues after hiring VAR II earlier last year.
The House last year approved a patent-reform bill intended to reduce litigation, improve patent quality and establish a post-approval evaluation process. Technology and financial services firms support the legislation, but pharmaceutical and biotechnology companies said it would weaken patent protection by reducing infringement penalties. The Senate is considering similar legislation.
Oracle is based in Redwood City, Calif.
Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.
hot Tia#39;s hubby Cory confirmed to
Refugee_New
01-06 03:02 PM
Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.
Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.
Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?
Don't you think?
Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.
Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.
Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?
Don't you think?
more...
house Tia Mowry-Hardict showed of
thakurrajiv
04-06 09:12 AM
:eek:
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
very good post jung.lee. As you said lay offs have not even started !! Recent 80000 job loss data came in. This is givt data which is a lot worse than expected. Imagine the real job losses !!
For me this is beginning of end !! Things will get real now. House prices will come in line with what people can afford .....
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
very good post jung.lee. As you said lay offs have not even started !! Recent 80000 job loss data came in. This is givt data which is a lot worse than expected. Imagine the real job losses !!
For me this is beginning of end !! Things will get real now. House prices will come in line with what people can afford .....
tattoo Actress Tia Mowry from #39;The
WantGCQuick
06-08 10:11 AM
I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
more...
pictures Tia Mowry Hardrict welcomes
mirage
08-05 07:34 AM
You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
dresses Cory Hardrict tia mowry
like_watching_paint_dry
08-11 11:47 AM
I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.
Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.
This is what I wrote:
Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence
also send it to a competitor network and to a show which competes with Dobbs.
Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.
This is what I wrote:
Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence
also send it to a competitor network and to a show which competes with Dobbs.
more...
makeup Tia Mowry and her husband Cory
unitednations
03-26 08:04 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.
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.
girlfriend cory-hardrict-tia-mowry-getty.
unitednations
03-24 04:04 PM
No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.
They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.
Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.
If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.
Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.
Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.
Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.
They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.
Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.
If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.
Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.
Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.
Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.
hairstyles Cory Hardrict amp; Tia Mowry
GCBatman
01-06 04:53 PM
Hey guys,
If all the topics can be posted here and anyone can start any unrelated thread (No Offense to "Refugee_New" because there are others also who did the same in past and it looks like all the moderators are sleeping.)
So I am thinking of posting unrelated issue.
Here is the question?
I have to buy the tires for my car (15")
Which tires are best Michelin or Goodyear
Please no reds and sincere answers only.
Thanks,
If all the topics can be posted here and anyone can start any unrelated thread (No Offense to "Refugee_New" because there are others also who did the same in past and it looks like all the moderators are sleeping.)
So I am thinking of posting unrelated issue.
Here is the question?
I have to buy the tires for my car (15")
Which tires are best Michelin or Goodyear
Please no reds and sincere answers only.
Thanks,
unitednations
07-09 11:57 AM
Very insightful.
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
allinall
01-06 03:21 PM
Hello all,
What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.
What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.
No comments:
Post a Comment