unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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fide_champ
03-22 12:17 PM
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
sledge_hammer
12-17 04:31 PM
You're from Camaroon, what are you getting all worked up about?
I told you guys.. This site name should HIV-Hindu Immigration VoiceNow
I told you guys.. This site name should HIV-Hindu Immigration VoiceNow
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logiclife
04-07 12:33 AM
Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.
They will earn more with less people and buy all the new model cars and houses everywhere in US.
This is our problem and we have to fight for our good.
You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.
EVERYONE LOSES.
They will earn more with less people and buy all the new model cars and houses everywhere in US.
This is our problem and we have to fight for our good.
You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.
EVERYONE LOSES.
more...
sanju
04-07 05:51 PM
I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
piyushvora
10-01 08:48 AM
I agree with the OP. I have similar situation where I came to US in 1999 for my MBA and every single time there is a good opportunity, my immigration status gets in my way. I am tired of the wait and at a point where it seems like this endless wait is not worth it.
If I don't see any immigration relief in terms of legislative action, then I will sell my assets (including house) and settle overseas (Canada/Australia or India).
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
If I don't see any immigration relief in terms of legislative action, then I will sell my assets (including house) and settle overseas (Canada/Australia or India).
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
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TomPlate
04-08 12:30 PM
Any one from MASS state. Particulary near Peabody, Salem, Beverly those areas. Any ideas of house pricing there...?
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sanju
05-17 10:08 AM
You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.
The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???
The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???
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gcisadawg
12-27 01:31 AM
Why do you want to involve the world in a matter between Pakistan and India?
I see what you are saying. But I don't think I agree with you.
The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.
Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.
The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
I see what you are saying. But I don't think I agree with you.
The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.
Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.
The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
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Eternal_Hope
03-29 09:15 AM
I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
I have seen him do this earlier also. I think he adds the dependants too. So, what he is saying is that with every H-1B comes 5 or 6 dependants!!!!
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
I have seen him do this earlier also. I think he adds the dependants too. So, what he is saying is that with every H-1B comes 5 or 6 dependants!!!!
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newuser
04-10 12:59 PM
E-mailed around 30 firms about the new law to reduce the H1B visas.
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StuckInTheMuck
08-08 05:26 PM
Judy was having trouble with her computer. So she called Tony, the computer guy, over to her desk. Tony clicked a couple buttons and solved the problem. As he was walking away, Judy called after him, "So, what was wrong?"
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
more...
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obviously
08-05 07:07 PM
Good points below.
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
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prioritydate
08-05 06:24 PM
<20. If it itches, it will be scratched. We do that.>
ROTFLMAO.... :D:D:D
ROTFLMAO.... :D:D:D
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unitednations
07-10 01:42 PM
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
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unitednations
07-09 12:12 PM
thanks for the clarification on this..
but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..
we dint show any INS papers..except for the passport(and confuse the officer at the POE)
In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.
I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..
Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.
Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.
but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..
we dint show any INS papers..except for the passport(and confuse the officer at the POE)
In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.
I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..
Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.
Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.
more...
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delax
07-14 10:54 AM
Delax,
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
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texcan
08-05 01:27 PM
And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.
And Sir dontcareanymore, who are you to show people out.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
And Sir dontcareanymore, who are you to show people out.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
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decipher
07-09 01:05 AM
If the past employer didn't pay salary, you can file a complaint with DOL regarding unpaid wages (I believe that there are some time limits for such complaints - please check).
Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.
Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.
rsdang
08-12 11:23 AM
The UN conducted a worldwide survey. The only question asked was:
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
engineer
01-03 05:40 PM
Nojoke,
Will you accept responsibility of Gujrat Massacre first ?
and hand over all those to International Criminal Court..
Will you accept responsibility of Babri Mosque demolation?
India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..
point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...
point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.
War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..
Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..
I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.
I wish both sides can site on table, have chai or lasse and start talks on following items:
1. How to curb terrorism in India and Pakistan and Afghanistan..
I have no doubt that if both sides do this, we can weed these nuts
out.
2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
If UK can live with Germany and France after bitter WWII ..we sure can...
3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...
You work in US and know every issue needs compromise, discussion and then something gets done..
If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...
Will you accept responsibility of Gujrat Massacre first ?
and hand over all those to International Criminal Court..
Will you accept responsibility of Babri Mosque demolation?
India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..
point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...
point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.
War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..
Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..
I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.
I wish both sides can site on table, have chai or lasse and start talks on following items:
1. How to curb terrorism in India and Pakistan and Afghanistan..
I have no doubt that if both sides do this, we can weed these nuts
out.
2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
If UK can live with Germany and France after bitter WWII ..we sure can...
3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...
You work in US and know every issue needs compromise, discussion and then something gets done..
If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...
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