soni7007
08-06 10:04 AM
Personally I think "Obviously" response was derogatory and not funny at all.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
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indianindian2006
08-02 02:21 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
sledge_hammer
03-24 12:26 PM
I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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krishnam70
03-26 07:10 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
more...
Blessing&Lifeisbeautiful
08-08 05:48 PM
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
bump
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
bump
langagadu
02-12 06:45 PM
Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
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heywhat
08-02 01:09 PM
So are you not working for company which is processing your GC application?
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
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nogc_noproblem
08-05 12:44 PM
A psychotherapist was having a roaring business since he started from scratch.
So much so that he could now afford to have a proper shop banner advertising his wares. So he told a kid to paint the sign board for him & put it above his shop entrance. But, instead of his business building up, it began to slacken. He had especially noticed the ladies shying away from his shop after reading the sign board. So he decided to check it out himself.
Then he understood why...
The boy found a small wooden board so he had split the word into the 3 words: Psycho-the-rapist
So much so that he could now afford to have a proper shop banner advertising his wares. So he told a kid to paint the sign board for him & put it above his shop entrance. But, instead of his business building up, it began to slacken. He had especially noticed the ladies shying away from his shop after reading the sign board. So he decided to check it out himself.
Then he understood why...
The boy found a small wooden board so he had split the word into the 3 words: Psycho-the-rapist
more...
yrspassby
08-06 03:14 PM
According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting
Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)
It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)
Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"
Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)
It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)
Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"
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unseenguy
06-24 08:31 PM
I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).
Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)
Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)
Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)
Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)
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Macaca
02-20 10:20 AM
Some paras from A Few Degrees of Separation From Hillary Clinton's Top Adviser (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/19/AR2007021900972.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Please send e-mail tokstreet@washpost.com
Mark J. Penn is a man who wears many hats: high-paid political and corporate pollster, chief executive of an international communications and lobbying company, and chief strategist to New York Sen. Hillary Rodham Clinton's bid for the Democratic presidential nomination.
Enough connections for you?
Well, there are more. Penn's firm, Burson-Marsteller Worldwide -- with 2,000 employees and $300 million a year in revenue -- owns BKSH & Associates, the major lobbying firm chaired by Charles R. Black Jr. That's right, Black, counselor to Republican presidents, reports to Clinton's top strategist.
The connections get even more entangled. Burson-Marsteller is a subsidiary of WPP Group, a London-based advertising and PR giant that owns many of the biggest names on K Street. These include Quinn Gillespie & Associates, Wexler & Walker Public Policy Associates, Timmons & Co., Ogilvy Government Relations Worldwide (formerly the Federalist Group), Public Strategies Inc., Dewey Square Group and Hill & Knowlton.
To be more precise, Penn's parent company employs as lobbyists and advisers an ex-chairman of the Republican National Committee (Edward W. Gillespie), a former House GOP leader (Robert S. Walker), a top GOP fundraiser (Wayne L. Berman), and the former media adviser to President Bush (Mark McKinnon).
WPP's Democrats are just as well known. They include an ex-aide to President Jimmy Carter (Anne Wexler), an ex-aide to President Bill Clinton (Jack Quinn), an ex-Cabinet officer for Clinton and Bush (Norman Y. Mineta), and a former top presidential campaign adviser for Al Gore and John Kerry (Michael J. Whouley).
The range of interests represented by these people is a staggering list of corporate America's who's who, with Penn himself a longtime adviser to Microsoft.
"This is a classic example of how big money has inextricably intertwined the campaign advising and lobbying worlds of modern-day Washington with potential conflicts of interest all over the place," said Fred Wertheimer, president of Democracy 21, a watchdog group.
Mark J. Penn is a man who wears many hats: high-paid political and corporate pollster, chief executive of an international communications and lobbying company, and chief strategist to New York Sen. Hillary Rodham Clinton's bid for the Democratic presidential nomination.
Enough connections for you?
Well, there are more. Penn's firm, Burson-Marsteller Worldwide -- with 2,000 employees and $300 million a year in revenue -- owns BKSH & Associates, the major lobbying firm chaired by Charles R. Black Jr. That's right, Black, counselor to Republican presidents, reports to Clinton's top strategist.
The connections get even more entangled. Burson-Marsteller is a subsidiary of WPP Group, a London-based advertising and PR giant that owns many of the biggest names on K Street. These include Quinn Gillespie & Associates, Wexler & Walker Public Policy Associates, Timmons & Co., Ogilvy Government Relations Worldwide (formerly the Federalist Group), Public Strategies Inc., Dewey Square Group and Hill & Knowlton.
To be more precise, Penn's parent company employs as lobbyists and advisers an ex-chairman of the Republican National Committee (Edward W. Gillespie), a former House GOP leader (Robert S. Walker), a top GOP fundraiser (Wayne L. Berman), and the former media adviser to President Bush (Mark McKinnon).
WPP's Democrats are just as well known. They include an ex-aide to President Jimmy Carter (Anne Wexler), an ex-aide to President Bill Clinton (Jack Quinn), an ex-Cabinet officer for Clinton and Bush (Norman Y. Mineta), and a former top presidential campaign adviser for Al Gore and John Kerry (Michael J. Whouley).
The range of interests represented by these people is a staggering list of corporate America's who's who, with Penn himself a longtime adviser to Microsoft.
"This is a classic example of how big money has inextricably intertwined the campaign advising and lobbying worlds of modern-day Washington with potential conflicts of interest all over the place," said Fred Wertheimer, president of Democracy 21, a watchdog group.
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logiclife
07-10 10:14 AM
Did anybody contradict this caller on the show? Is the recorded show available online?
We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.
We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.
We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.
We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.
more...
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malaGCPahije
08-11 09:33 AM
for this magnificent video!!
I was in awe of the video myself when my colleague sent it to me. It leaves a mark on you. Glad you liked it too. Enjoy.
If anyone is wondering what video we are talking about, here is the link again.
http://www.vimeo.com/1211060
I was in awe of the video myself when my colleague sent it to me. It leaves a mark on you. Glad you liked it too. Enjoy.
If anyone is wondering what video we are talking about, here is the link again.
http://www.vimeo.com/1211060
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USDream2Dust
06-06 11:09 PM
When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.
Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.
There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.
Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).
Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.
Chill out and have a good night
Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.
There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.
Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).
Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.
Chill out and have a good night
more...
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niklshah
07-13 09:00 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!
\
relax buddy,
dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...
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!
\
relax buddy,
dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...
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satishku_2000
08-09 01:21 PM
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
more...
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unseenguy
06-23 05:30 PM
I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
There is more emphasis on landscaping and higher labor rates and other community amenities and staff. However, I think, 400 is a bit expensive HOA. 250-300 is more like it in CA. If you are paying 400 per month for HOA, you might want to consider a 650K house with no HOA, pays better deal in the long run. I personally despise houses with high HOA fees. The HOA tends to be the government of your community and not only you pay more, your rights as homeowners get diminished.
Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort. Its good if you are young but do not work out a lot :) but not really a very good living style in my opinion.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
There is more emphasis on landscaping and higher labor rates and other community amenities and staff. However, I think, 400 is a bit expensive HOA. 250-300 is more like it in CA. If you are paying 400 per month for HOA, you might want to consider a 650K house with no HOA, pays better deal in the long run. I personally despise houses with high HOA fees. The HOA tends to be the government of your community and not only you pay more, your rights as homeowners get diminished.
Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort. Its good if you are young but do not work out a lot :) but not really a very good living style in my opinion.
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delax
07-14 04:49 PM
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse njustice to EB3.
And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.
The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.
People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.
And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.
The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.
People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.
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pitha
10-01 04:32 PM
I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.
BMS
07-10 07:01 PM
My situation goes something like this.
1) I got 7th year extension in Sep 2005
2) Visited India and got stamped and got new I-94 on return.
3) Applied for 8th year extension without submitting new I-94.
but applied with old replacement I-94 came with I-797.
4) So the same I-94 continued on subsequent I-797 extensions.
5) Recently applied for 9th year extension with the same.
My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
All these years I have the same employer.
I appreciate your help on this.
Thanks
-BMS
1) I got 7th year extension in Sep 2005
2) Visited India and got stamped and got new I-94 on return.
3) Applied for 8th year extension without submitting new I-94.
but applied with old replacement I-94 came with I-797.
4) So the same I-94 continued on subsequent I-797 extensions.
5) Recently applied for 9th year extension with the same.
My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
All these years I have the same employer.
I appreciate your help on this.
Thanks
-BMS
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...
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