edd
07-14 11:57 PM
I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.
What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's
Someone mentioned FOIA. Can you please share the link on how to apply for the same
What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's
Someone mentioned FOIA. Can you please share the link on how to apply for the same
wallpaper Whale+cartoon+outline
Macaca
12-30 06:57 PM
A Bridge to a Love for Democracy (http://www.nytimes.com/2010/12/30/us/30iht-letter30.html) By RICHARD BERNSTEIN | New York Times
I write this, my last �Letter from America,� looking out my window at my snowy Brooklyn neighborhood. It�s midmorning Wednesday, three days after our Christmas weekend blizzard, and my street has yet to receive the benefit of a snowplow.
Cars, as the prize-winning novelist Saul Bellow once put it, are impounded by the drifts. The city is still partly paralyzed, pleasantly, in a way. There�s nothing like a heavy snowfall to give one a bit of a respite, to turn the ordinary, like walking to the corner store, into a little adventure. And there�s the countrylike stillness of this city block filled with snow, absent the usual traffic.
It seems a good moment, in other words, to pause and reflect. My thoughts turn to a very unsnowy moment in 1972 in a village called Lowu, which was the last village in the Crown Colony of Hong Kong just before the border with China. I was a graduate student in Chinese history and a stringer for The Washington Post going to the territory of Chairman Mao for the first time in my life.
There was a short trestle bridge at Lowu. I�ve often wondered if it�s still there. The Union Jack flew at one side, the red flag of the People�s Republic of China at the other. The border town on the other side was a little fishing and farming village called Shenzhen, now a modern city of skyscrapers and shopping malls, an emblem of China�s amazing economic development.
I was favorably disposed toward China as I strode across the bridge, ready to experience the radical egalitarianism of the Maoist revolution, which was generally viewed with favor among American graduate students specializing in China. I was a member of a group, moreover, that partook of a certain leftist orthodoxy. We had learned the �Internationale� so we could sing it for our revolutionary hosts. We were supposed to return to America and report the truth about China, which was, essentially, that it was the future and it worked.
But it took only about 24 hours on that first journey to China for me utterly to change my mind and, indeed, to become a lifelong anti-Communist and devotee of liberal democracy, to find great wisdom in Winston Churchill�s dictum about its being the worst of all systems except for all the others.
The noxious cult of personality around Mao was the first thing that effected my political transformation. But deeper than that was the pervasive odor of orthodoxy, the uniformity of it all, the mandatory pious declarations, which, if they were believed, were ridiculous, and, if they were forced, illustrated the terror of it all.
Many of my American fellow travelers felt very differently about this. In my intense discomfort, I found myself in a sort of Menshevik minority, criticized by the majority for what I remember one person calling my �Darkness at Noon� mentality.
Still, that discomfort, and the unwillingness of most of the others to experience it, has informed my work as a journalist ever since. I have to admit it: When I went to China as a correspondent for Time magazine seven years after that first trip, my impulse was not so much to look with fresh and impartial eyes on a country that had just opened up to a degree of foreign inspection as it was to expose what I felt many Americans were missing in those rhapsodic days. Namely, that the country under Mao and after belonged to the 20th-century totalitarian mainstream � that it was a poverty-stricken police state and not a viable alternative to Western ways.
There was a degree of bias in this view, and it led me into some mistakes. On China, in particular, I was perhaps focused too single-mindedly on its totalitarian elements so that I underplayed other elements, notably the speed of change in China, and perhaps even the unsuitableness of many Western democratic ways for a country so essentially backward.
And perhaps, too, I extrapolated a bit too much from the China experience when it came to other places and other times. When I covered academic life in the United States, for example, I tended to see vicious Maoist Red Guards in the phenomenon of what came to be called political correctness, and, while I don�t think this was entirely wrong, it was an exaggeration.
And yet, it seems appropriate in this final column to say, as well, that my nearly 40 years in the journalism game haven�t shaken me from the essential belief that formed during that first, memorable visit to China.
Ever since, despite all our infuriating faults, our wastefulness, our occasional self-satisfied sluggishness, our proneness to demagogy and other forms of anti-intellectualism, our crumbling infrastructure, the Fox News channel, the cult of Sarah Palin, the narcissistic self-indulgence of our urban elites, the detention center in Guant�namo Bay and our crisis-creating greed and shortsightedness � despite all that � I continue to believe that, not to put too fine a point on it, we�re better than they are.
This doesn�t mean that I think we�re perfect, or that our impulse toward a kind of benevolent imperialism has always had benevolent results. But I have stuck for 40 years to a belief that, yes, our ways are superior � and by our ways I mean such things often taken for granted as a free press, strong civil institutions, an independent judiciary and, perhaps above all, the belief that the powers of the state need to be restrained, and that the institutions of government exist to serve the individual, not the other way around.
The essential difference with China, even the much-changed China of today, and most of the other non-Western political cultures, is the absence of this sense of restraint, and the primacy of the collective over the individual.
That�s the idea that I was actually groping toward when I crossed the bridge at Lowu. It�s the idea that I want to end with here on this snowy day in New York in my final sentence on this page. Goodbye.
I write this, my last �Letter from America,� looking out my window at my snowy Brooklyn neighborhood. It�s midmorning Wednesday, three days after our Christmas weekend blizzard, and my street has yet to receive the benefit of a snowplow.
Cars, as the prize-winning novelist Saul Bellow once put it, are impounded by the drifts. The city is still partly paralyzed, pleasantly, in a way. There�s nothing like a heavy snowfall to give one a bit of a respite, to turn the ordinary, like walking to the corner store, into a little adventure. And there�s the countrylike stillness of this city block filled with snow, absent the usual traffic.
It seems a good moment, in other words, to pause and reflect. My thoughts turn to a very unsnowy moment in 1972 in a village called Lowu, which was the last village in the Crown Colony of Hong Kong just before the border with China. I was a graduate student in Chinese history and a stringer for The Washington Post going to the territory of Chairman Mao for the first time in my life.
There was a short trestle bridge at Lowu. I�ve often wondered if it�s still there. The Union Jack flew at one side, the red flag of the People�s Republic of China at the other. The border town on the other side was a little fishing and farming village called Shenzhen, now a modern city of skyscrapers and shopping malls, an emblem of China�s amazing economic development.
I was favorably disposed toward China as I strode across the bridge, ready to experience the radical egalitarianism of the Maoist revolution, which was generally viewed with favor among American graduate students specializing in China. I was a member of a group, moreover, that partook of a certain leftist orthodoxy. We had learned the �Internationale� so we could sing it for our revolutionary hosts. We were supposed to return to America and report the truth about China, which was, essentially, that it was the future and it worked.
But it took only about 24 hours on that first journey to China for me utterly to change my mind and, indeed, to become a lifelong anti-Communist and devotee of liberal democracy, to find great wisdom in Winston Churchill�s dictum about its being the worst of all systems except for all the others.
The noxious cult of personality around Mao was the first thing that effected my political transformation. But deeper than that was the pervasive odor of orthodoxy, the uniformity of it all, the mandatory pious declarations, which, if they were believed, were ridiculous, and, if they were forced, illustrated the terror of it all.
Many of my American fellow travelers felt very differently about this. In my intense discomfort, I found myself in a sort of Menshevik minority, criticized by the majority for what I remember one person calling my �Darkness at Noon� mentality.
Still, that discomfort, and the unwillingness of most of the others to experience it, has informed my work as a journalist ever since. I have to admit it: When I went to China as a correspondent for Time magazine seven years after that first trip, my impulse was not so much to look with fresh and impartial eyes on a country that had just opened up to a degree of foreign inspection as it was to expose what I felt many Americans were missing in those rhapsodic days. Namely, that the country under Mao and after belonged to the 20th-century totalitarian mainstream � that it was a poverty-stricken police state and not a viable alternative to Western ways.
There was a degree of bias in this view, and it led me into some mistakes. On China, in particular, I was perhaps focused too single-mindedly on its totalitarian elements so that I underplayed other elements, notably the speed of change in China, and perhaps even the unsuitableness of many Western democratic ways for a country so essentially backward.
And perhaps, too, I extrapolated a bit too much from the China experience when it came to other places and other times. When I covered academic life in the United States, for example, I tended to see vicious Maoist Red Guards in the phenomenon of what came to be called political correctness, and, while I don�t think this was entirely wrong, it was an exaggeration.
And yet, it seems appropriate in this final column to say, as well, that my nearly 40 years in the journalism game haven�t shaken me from the essential belief that formed during that first, memorable visit to China.
Ever since, despite all our infuriating faults, our wastefulness, our occasional self-satisfied sluggishness, our proneness to demagogy and other forms of anti-intellectualism, our crumbling infrastructure, the Fox News channel, the cult of Sarah Palin, the narcissistic self-indulgence of our urban elites, the detention center in Guant�namo Bay and our crisis-creating greed and shortsightedness � despite all that � I continue to believe that, not to put too fine a point on it, we�re better than they are.
This doesn�t mean that I think we�re perfect, or that our impulse toward a kind of benevolent imperialism has always had benevolent results. But I have stuck for 40 years to a belief that, yes, our ways are superior � and by our ways I mean such things often taken for granted as a free press, strong civil institutions, an independent judiciary and, perhaps above all, the belief that the powers of the state need to be restrained, and that the institutions of government exist to serve the individual, not the other way around.
The essential difference with China, even the much-changed China of today, and most of the other non-Western political cultures, is the absence of this sense of restraint, and the primacy of the collective over the individual.
That�s the idea that I was actually groping toward when I crossed the bridge at Lowu. It�s the idea that I want to end with here on this snowy day in New York in my final sentence on this page. Goodbye.
nojoke
04-14 01:14 PM
People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
2011 of Japan#39;s whaling fleet.
GCOP
08-05 01:57 PM
Friends,
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
more...
sundarpn
07-13 12:05 AM
Just curious if this is being endorsed by IV?
Refugee_New
01-06 01:00 PM
I agree with you in principle..
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
more...
Macaca
02-29 07:21 AM
In Defense of Lobbying (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803232.html?hpid=opinionsbox1) By Charles Krauthammer | WP, Feb 29
Everyone knows the First Amendment protects freedom of religion, speech, press and assembly. How many remember that, in addition, the First Amendment protects a fifth freedom -- to lobby?
Of course it doesn't use the word lobby. It calls it the right "to petition the Government for a redress of grievances." Lobbyists are people hired to do that for you, so that you can actually stay home with the kids and remain gainfully employed rather than spend your life in the corridors of Washington.
To hear the candidates in this presidential campaign, you'd think lobbying is just one notch below waterboarding, a black art practiced by the great malefactors of wealth to keep the middle class in a vise and loose upon the nation every manner of scourge: oil dependency, greenhouse gases, unpayable mortgages and those tiny entrees you get at French restaurants.
Lobbying is constitutionally protected, but that doesn't mean we have to like it all. Let's agree to frown upon bad lobbying, such as getting a tax break for a particular industry. Let's agree to welcome good lobbying -- the actual redress of a legitimate grievance -- such as protecting your home from being turned to dust to make way for some urban development project.
There is a defense of even bad lobbying. It goes like this: You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.
Good lobbying, on the other hand, requires no such larger contextual explanation. It is a cherished First Amendment right -- necessary, like the others, to protect a free people against overbearing and potentially tyrannical government.
What would be an example of petitioning the government for a redress of a legitimate grievance? Let's say you're a media company wishing to acquire a television station in Pittsburgh. Because of the huge federal regulatory structure, you require the approval of a government agency. In this case it's called the Federal Communications Commission.
Now, one of the roles of Congress is to make sure that said bureaucrats are interpreting and enforcing Congress's laws with fairness and dispatch. All members of Congress, no matter how populist, no matter how much they rail against "special interests," zealously protect this right of oversight. Therefore, one of the jobs of the chairman of the Senate Commerce Committee is to ensure that the bureaucrats of the FCC are doing their job.
What would constitute not doing their job? A textbook example would be the FCC sitting two full years on a pending application to acquire a Pittsburgh TV station. There could hardly be a better case of a legitimate "petition for a redress" than that of the aforementioned private entity asking the chairman of the appropriate oversight committee to ask the tardy bureaucrats for a ruling. So the chairman does that, writing to the FCC demanding a ruling -- any ruling -- while explicitly stating that he is asking for no particular outcome.
This, of course, is precisely what John McCain did on behalf of Paxson Communications in writing two letters to the FCC in which he asked for a vote on the pending television-station acquisition. These two letters are the only remotely hard pieces of evidence in a 3,000-word front-page New York Times article casting doubt on John McCain's ethics.
Which is why what was intended to be an expos¿ turned into a farce, compounded by the fact that the other breathless revelation turned out to be thrice-removed rumors of an alleged affair nine years ago.
It must be said of McCain that he has invited such astonishingly thin charges against him because he has made a career of ostentatiously questioning the motives and ethics of those who have resisted his campaign finance reform and other measures that he imagines will render Congress influence-free.
Ostentatious self-righteousness may be a sin, but it is not a scandal. Nor is it a crime or a form of corruption. The Times's story is a classic example of sloppy gotcha journalism. But it is also an example of how the demagoguery about lobbying has so penetrated the popular consciousness that the mere mention of it next to a prominent senator is thought to be enough to sustain an otherwise vaporous hit piece.
Free advice to the K Street crowd: Consider a name change. Wynum, Dynum and Bindum: Redress Petitioners.
Everyone knows the First Amendment protects freedom of religion, speech, press and assembly. How many remember that, in addition, the First Amendment protects a fifth freedom -- to lobby?
Of course it doesn't use the word lobby. It calls it the right "to petition the Government for a redress of grievances." Lobbyists are people hired to do that for you, so that you can actually stay home with the kids and remain gainfully employed rather than spend your life in the corridors of Washington.
To hear the candidates in this presidential campaign, you'd think lobbying is just one notch below waterboarding, a black art practiced by the great malefactors of wealth to keep the middle class in a vise and loose upon the nation every manner of scourge: oil dependency, greenhouse gases, unpayable mortgages and those tiny entrees you get at French restaurants.
Lobbying is constitutionally protected, but that doesn't mean we have to like it all. Let's agree to frown upon bad lobbying, such as getting a tax break for a particular industry. Let's agree to welcome good lobbying -- the actual redress of a legitimate grievance -- such as protecting your home from being turned to dust to make way for some urban development project.
There is a defense of even bad lobbying. It goes like this: You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.
Good lobbying, on the other hand, requires no such larger contextual explanation. It is a cherished First Amendment right -- necessary, like the others, to protect a free people against overbearing and potentially tyrannical government.
What would be an example of petitioning the government for a redress of a legitimate grievance? Let's say you're a media company wishing to acquire a television station in Pittsburgh. Because of the huge federal regulatory structure, you require the approval of a government agency. In this case it's called the Federal Communications Commission.
Now, one of the roles of Congress is to make sure that said bureaucrats are interpreting and enforcing Congress's laws with fairness and dispatch. All members of Congress, no matter how populist, no matter how much they rail against "special interests," zealously protect this right of oversight. Therefore, one of the jobs of the chairman of the Senate Commerce Committee is to ensure that the bureaucrats of the FCC are doing their job.
What would constitute not doing their job? A textbook example would be the FCC sitting two full years on a pending application to acquire a Pittsburgh TV station. There could hardly be a better case of a legitimate "petition for a redress" than that of the aforementioned private entity asking the chairman of the appropriate oversight committee to ask the tardy bureaucrats for a ruling. So the chairman does that, writing to the FCC demanding a ruling -- any ruling -- while explicitly stating that he is asking for no particular outcome.
This, of course, is precisely what John McCain did on behalf of Paxson Communications in writing two letters to the FCC in which he asked for a vote on the pending television-station acquisition. These two letters are the only remotely hard pieces of evidence in a 3,000-word front-page New York Times article casting doubt on John McCain's ethics.
Which is why what was intended to be an expos¿ turned into a farce, compounded by the fact that the other breathless revelation turned out to be thrice-removed rumors of an alleged affair nine years ago.
It must be said of McCain that he has invited such astonishingly thin charges against him because he has made a career of ostentatiously questioning the motives and ethics of those who have resisted his campaign finance reform and other measures that he imagines will render Congress influence-free.
Ostentatious self-righteousness may be a sin, but it is not a scandal. Nor is it a crime or a form of corruption. The Times's story is a classic example of sloppy gotcha journalism. But it is also an example of how the demagoguery about lobbying has so penetrated the popular consciousness that the mere mention of it next to a prominent senator is thought to be enough to sustain an otherwise vaporous hit piece.
Free advice to the K Street crowd: Consider a name change. Wynum, Dynum and Bindum: Redress Petitioners.
2010 the hunting of whales
GCBatman
01-06 12:58 PM
Got a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
more...
dealsnet
09-29 12:45 PM
It will be disaster for the country, if a man with only four year of national experience, out of which two year spend on primary campaign to run the country. Immigrant people only can talk loud. But he sensible american people will vote McCain to power. This openion poll is non sense. Demoratic party is like congress party in India. Trying to be socialist, not socialist, support everything all evils to get vote and support. Pleople planning to spend money for Obama is waste. Instead support IMMIGRATION VOICE.
hair killer whale food chain.
Refugee_New
01-06 04:54 PM
i am sorry that israel has been a little callous about collateral damage...not cool!
i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:
a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool!
event Egypt and Saudi Arabia regard Hamas with skepticism.
b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!
c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!
d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!
e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!
tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!
...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism?
moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.
You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:
a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool!
event Egypt and Saudi Arabia regard Hamas with skepticism.
b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!
c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!
d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!
e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!
tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!
...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism?
moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.
You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
more...
unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
hot Now -days hunt antelope we
prolegalimmi
07-11 02:44 PM
Dear unitednations,
If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!
Good to see you here...please stay on !!
Best.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!
Good to see you here...please stay on !!
Best.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
more...
house just HAVE to hunt whales
rajuseattle
07-14 08:40 PM
Guys,
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
tattoo Although hunting for seals and
neverbefore
09-30 01:44 AM
Folks, it is indeed sad that perfect is turning out to be the enemy of good here, metaphorically speaking.
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
more...
pictures This graph shows a significant
nojoke
04-06 04:00 PM
It was crazy till last year. Things started going south from this year begining. I am seeing foreclosures and auctions here in bay area. There are price reductions of 100K in the mls listings. This is just starting. It is a matter of time. Some more quotes...
-----------------------------------
“Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”
“‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”
“During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”
-----------------------------------
“Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”
“‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”
“During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”
dresses Each whaleboat had a typical
pthoko
07-11 10:48 AM
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
more...
makeup whales
iwantmygreen
04-15 05:18 PM
Factors to consider when buying:
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
girlfriend Minke Whale Dragged By Fin
Marphad
03-26 05:31 PM
Does this mean that H1B is also location specific?
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
hairstyles The following graph is
pthoko
07-11 05:27 PM
Putting more pressure on the UN
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
Refugee_New
01-07 10:50 AM
Refugee_New,
Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.
After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.
I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.
Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.
I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.
I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.
Anyway, i'll sign off and i won't post any more message in this thread again.
Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.
After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.
I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.
Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.
I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.
I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.
Anyway, i'll sign off and i won't post any more message in this thread again.
cygent
06-25 08:17 PM
Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.
to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.
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