However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
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That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.
Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored
Furthermore, there are so many cases in which more than 1 employer might have applied H1B visa for same person. It is legal. Finally the guy come to US thro one employer. Other approved petions are wasted in this case. They can not do labor subsitution in H1B like in GC.
CNN is smartly hiding the actual facts.
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The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?
If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.
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Pappu, are you saying that whatever initiative that IV has taken now to address recapturing (HR5882), per country limit removal and STEM are GOOD ENOUGH as long as we have mass support and no further effort required?
Well, If we are not having enough support, I am not sure how much of that we could change.
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.
I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.
who cares when life matters.Exactly.Thats the way i think too.We might be spending an additional 500 on a mortgage But we get better comforts.Spending a good paortion of your age without comforts which ypou are eligible doesnt make sense.And if something fails let the bank have it.After all we spent Rs.20000 PM for additional comfort.
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I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
As per USCIS, H1B is for temporary job
Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
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Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.
does this make sense, I will like to know what other people think about it.
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Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.
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back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
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What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!
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One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
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I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.
It appears that you arrived late on the scene. So let me assist you to catch-up. Soon you will see a post saying - which God should we ask for Guidance. Is it Hindu God or Muslim God of Christan God. As you know everybody have their own version of the God. Whom do you want us to ask for Guidance? Because if it is not my God, I don't want to ask God to stop terrorism.
What will you say to that? You see this is a no win situation, defining God in terms of a religion is now engraved in human genes. Mankind will most probably see a lot of people kill each other in the name of religion, and the few who will left out, at that time, will realize that this religion thing is all hoax. We have two options, one, to understand that religion has nothing to do with God, and two, wait for most of humanity to kill one another before reaching a conclusion that religion has nothing to do with God. Either way, we are all headed there.
God has already given us tools, wisdom, strength and resources to not fight. We all apply our wisdom to divide each other based on religion, color, race, gender etc etc etc. I don't know what more we can ask from God because he already gave us everything but we just don't want to use what God gave us. We all continue to fight, for which reason, for the reason we define as "fighting for God". Thats is absolutly absurd and frankly, I don't know what more we can ask from "God".
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Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
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They need to be procecuted.
When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).
This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.
You cannot sue for libel if the statement made had information that was substantially true (not necessarily all true). In this case, he has made a statement that is substantially false and libelous in nature.
By calling people who come to the US on H1B visa or students who convert to H1B terrorists, I believe we can and should try to involve companies such as MS etc in this effort.
And here is my message sent to the program using the feedback form:
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Michael Maxwell asserted that H1B program is "being gamed by both terrorists and foreign agents". This is an insult to tax paying H1B holders such as myself.
If CNN or Michael Maxwell, could have shown one instance of a H1B holder, who has been convicted of crimes such as the ones committed by terrorists, it would have been a lot more credible.
I know "Lou Dobbs Tonight" is a talk show. To remain credible though my strong advise to Lou and CNN is this:
Don't talk the talk if you can't walk the walk.
Its going to be crying time for Lou Dobbs and his ilk.
Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.
All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.
And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.
But its going to be crying time for them in 2007.
Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.
So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.
Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.