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?
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pete
04-09 11:29 AM
Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.
You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......
There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:
WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.
Unlike we want H1B abuse to continue AND ALSO GC reform.
You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......
There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:
WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.
Unlike we want H1B abuse to continue AND ALSO GC reform.
nojoke
04-17 04:13 PM
http://dqnews.com/News/California/Bay-Area/RRBay080417.aspx
It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D
It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D
2011 Jennifer Lopez Ft Pitbull- On
Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
more...
Macaca
12-20 08:12 AM
A glance at year-end actions in Congress (http://www.mercurynews.com//ci_7761858?IADID=Search-www.mercurynews.com-www.mercurynews.com) Associated Press, 12/19/2007
A look at actions in Congress on Wednesday:
BUDGET BATTLE
Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.
ALTERNATIVE MINIMUM TAX
Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.
GUNS
Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.
HEAT AID
Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.
SCHIP
Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.
TOY SAFETY
The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.
CIA DESTROYED TAPES
The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.
CONFIRMATIONS
The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.
A look at actions in Congress on Wednesday:
BUDGET BATTLE
Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.
ALTERNATIVE MINIMUM TAX
Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.
GUNS
Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.
HEAT AID
Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.
SCHIP
Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.
TOY SAFETY
The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.
CIA DESTROYED TAPES
The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.
CONFIRMATIONS
The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.
delax
07-14 10:43 PM
if people have to debate this issue, surely we can do it without needless slander and accusations?
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Paskal,
Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.
However here is some food for thought for the mods and the community at large:
1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
2. If not, then the implication in the letter is that IV is doing so based on the logo used.
3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
4. There is a request to allocate numbers to EB3 based on length of wait.
5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.
If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.
I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Paskal,
Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.
However here is some food for thought for the mods and the community at large:
1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
2. If not, then the implication in the letter is that IV is doing so based on the logo used.
3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
4. There is a request to allocate numbers to EB3 based on length of wait.
5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.
If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.
I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers
more...
gc28262
08-05 03:04 PM
The solution for all this divisive arguments ? Sue USCIS for making all categories current in July 2007 when there weren't that many visa numbers available.
Many of the late PD holders wouldn't be in this discussion if we are successful with this lawsuit. :rolleyes:
Many of the late PD holders wouldn't be in this discussion if we are successful with this lawsuit. :rolleyes:
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hiralal
06-25 10:35 PM
I agree with you .
I am not asking anyone to buy or rent .. its a personal decision but if you believe that one year down the line you will get a more cheaper house and the interest rates would still be at 5 % you should think twice .
House is not an investment but a side effect of home ownership is that you will end up with a property but if you continue to rent you are sure to end up with nothing .
I disagree ... all the reports say that prices will fall down for atleast a year. house is good if you need extra space and if you get it at a correct price (atleast once it stops falling) ..I agree that timing is difficult ..but in this economy it makes sense to rent when you are on temporary status.
btw ..Renting gives you flexibility and you end up with more money in the bank !! but if you have a GC (or very close to getting it) and you get a house in bargain (or at the correct price) / and you need the space plus u intend to stay there for long long time ..then yes, buying makes sense.
but as an example ..my friend in california, who few months ago was saying that california is the best, smart people etc etc is now saying that he is giving the advice to everyone to stay away from cali ..he unfortunately is stuck because he has a house there. (major layoffs in his company is giving him stress and sleepless nights).
similarly..you need to be very cautious to buy within your means ...another friend in atlanta (businessman) bought a 1million home for 800K ..he kept on beating his own drum that he is smart and others are fools ..now his house is in foreclosure and he lost around 200K ..so u can end up with nothing when you buy a house too.
-----------
Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later
I am not asking anyone to buy or rent .. its a personal decision but if you believe that one year down the line you will get a more cheaper house and the interest rates would still be at 5 % you should think twice .
House is not an investment but a side effect of home ownership is that you will end up with a property but if you continue to rent you are sure to end up with nothing .
I disagree ... all the reports say that prices will fall down for atleast a year. house is good if you need extra space and if you get it at a correct price (atleast once it stops falling) ..I agree that timing is difficult ..but in this economy it makes sense to rent when you are on temporary status.
btw ..Renting gives you flexibility and you end up with more money in the bank !! but if you have a GC (or very close to getting it) and you get a house in bargain (or at the correct price) / and you need the space plus u intend to stay there for long long time ..then yes, buying makes sense.
but as an example ..my friend in california, who few months ago was saying that california is the best, smart people etc etc is now saying that he is giving the advice to everyone to stay away from cali ..he unfortunately is stuck because he has a house there. (major layoffs in his company is giving him stress and sleepless nights).
similarly..you need to be very cautious to buy within your means ...another friend in atlanta (businessman) bought a 1million home for 800K ..he kept on beating his own drum that he is smart and others are fools ..now his house is in foreclosure and he lost around 200K ..so u can end up with nothing when you buy a house too.
-----------
Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later
more...
Macaca
07-08 10:48 AM
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
hair images Artist: Jennifer Lopez
Legal
08-05 09:00 PM
I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.
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
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
more...
jonty_11
07-14 02:33 PM
and to prevent such chasms from forming and getting deeper...we all need to look to IV core for guidance and follow only their Action Items. It is critical or else we will find ourselves with our foot in the mouth.
hot girlfriend Jennifer Lopez feat
unitednations
03-26 08:41 PM
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
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SunnySurya
08-05 01:43 PM
No body is saying that you have full rights to apply in EB2
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
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GotGC??
08-07 03:20 PM
UN,
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
Once 485 is filed you can leave and re-enter the country if you have H or L visa.
You don't need to wait for the actual receipt.
Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.
Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.
I understand that people have to go out on business but they are unnecessary complications that people are doing.
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
Once 485 is filed you can leave and re-enter the country if you have H or L visa.
You don't need to wait for the actual receipt.
Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.
Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.
I understand that people have to go out on business but they are unnecessary complications that people are doing.
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dontcareanymore
08-05 02:16 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
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somegchuh
03-25 02:53 PM
Ss it really "Rent Apartment vs Buy House" ?
How about renting a home to provide something good to your family?
With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.
I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
How about renting a home to provide something good to your family?
With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.
I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
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JunRN
06-05 10:25 PM
I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
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mxh72c
07-14 08:55 AM
CIR is coming BACK in 2009! The only change that will happen in immigration is CIR due to the pandering politics. IV and all its members focus should be ensuring CIR is not passed on the backs of EB green cards. The group most likely to be screwed over will be EB3. All our energies and money should be on CIR and that we have a seat on the table when these compromises are made.
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Beemar
12-26 06:02 PM
I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.
Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.
Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.
GCapplicant
07-13 11:47 AM
Here is my 2 cents worth...
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 agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
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 agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
unseenguy
06-20 03:38 AM
Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.
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