mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
wallpaper Rose Byrne was on my radar
sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
number30
03-26 04:48 PM
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.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
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.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
2011 Rose Byrne
vdixit
12-31 02:06 PM
No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.
more...
SunnySurya
08-05 01:45 PM
Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?
inspectorfox
03-23 03:23 AM
Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
more...
pointlesswait
01-06 05:19 PM
this is to
who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"
i didnt start this..u DF..
who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"
i didnt start this..u DF..
2010 Rose Byrne was smoldering hot
kaisersose
04-15 04:43 PM
one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking)
http://www.cnbc.com/id/24129427 ..
----------
Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.
"Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran
I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.
As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
http://www.cnbc.com/id/24129427 ..
----------
Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.
"Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran
I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.
As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
more...
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.
hair of Rose Byrne#39;s smiling.
unitednations
08-02 06:35 PM
Welcome back and Thanks very much for your valuable suggestions.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
more...
gcisadawg
12-22 02:37 AM
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
hot red carpet, but Rose Byrne
delax
07-13 01:27 PM
I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)
At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".
Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.
Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.
Irrational passion calls for dispassionate rationality.
At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".
Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.
Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.
Irrational passion calls for dispassionate rationality.
more...
house Rose Byrne Actors Rose Byrne,
pmb76
12-20 02:11 PM
great post redcard. I gave you green.
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
tattoo on the Emmys red carpet.
satishku_2000
05-16 12:39 PM
Originally Posted by mbdriver
How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.
Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.
H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.
How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.
Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.
H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.
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pictures reached the red carpet:
Macaca
05-27 05:46 PM
The Next Great Resource Shortage: U.S. Scientists (http://www.time.com/time/nation/article/0,8599,2074024,00.html) By ANDREW J. ROTHERHAM | Time
The word "stem" is tossed around so much at education meetings these days, you'd think you were at a gardening seminar. STEM is shorthand for "science, technology, engineering, and mathematics" � all fields that are growing, providing lucrative jobs, and key to future American competitiveness. That's why everyone from President Obama to the United States Chamber of Commerce is worried about whether we're producing enough STEM graduates from our colleges and universities. That this is a problem is one of the few things that everyone in education seems to agree upon.
Part of the push for better STEM education stems � sorry � from American companies claiming there are shortages of American workers able to take on certain roles. Each year, American technology and engineering firms push to expand the number of workers allowed under the "H-1B" visa program, a category that allows companies to hire foreigners in roles where they cannot find a qualified American citizen. Critics claim the H-1B program is more a ploy to allow companies to hire skilled workers cheaper.
STEM anxiety is also an outgrowth of larger concerns about American competitiveness. The growing number of STEM workers in countries like China and India has policymakers on edge. You often hear that China and India are producing many more engineers than the United States, but when researchers from Duke University looked closely at the numbers, they found that what's counted as an engineering degree in those countries would often be considered a vocational certificate or two-year degree in this country. The Duke team found relative parity between the United States and China and India when the engineering comparison was apples to apples.
And part of our STEM obsession is frankly just longtime habit. In the 1950s, it was Admiral Hyman Rickover calling for more math and science education as part of the effort to keep us competitive with the Soviets. Congress passed legislation to support math and science education in 1958 and advocates have been pushing for more ever since. Congress passed several STEM measures in just the last decade, including the 2007 America Competes Act, which includes measures to recruit and train teachers in STEM subjects.
Still, debatable need, confused statistics, and force of habit doesn't mean there isn't an actual STEM problem facing the United States. American students should be doing better in math and science than they are now, and we are arguably producing too few college STEM majors. If the global competitiveness race turns into a numbers game, we're in trouble absent dramatic improvements: If it were its own country, the populations of China and India aged 14 and younger would each still be among the top five nations in the world in terms of population. That means that even marginal improvements in education in those countries will pay big dividends and put them on a stronger competitive footing. Besides, there is little doubt that our own economic future hinges in no small part on remaining a leader in innovation in science and technology.
So we want more college graduates in STEM careers. How do we get them? Right now policymakers are fixated on upgrading the quality of the math and science teaching force through better recruitment and training. "Out-of-field" teachers � meaning those without proper training in the subject � remain an acute problem in math and science. Scholarships, loan-forgiveness, and even higher pay are all used to attract more teachers into STEM fields. More creative ideas are emerging, too. Math For America provides $100,000 fellowships for math teachers and Partners in Science gives science teachers the opportunity to undertake actual scientific work at national laboratories during the summer. All good ideas, but to some extent we're chasing our tail: Not enough STEM graduates means not enough STEM teachers, regardless of the incentives.
The second answer is to expose students to STEM fields early on and use scholarships and inducements for them to choose STEM careers. This is where the STEM rhetoric meets our educational reality: A lot of students are not going into STEM careers today not because they're unaware of the choice, but rather because they cannot make that choice because of the quality of education they are receiving.
Think about it. With high school graduation rates of only about 75 percent overall (and 64 percent for Hispanics and 62 percent for African-Americans) we lose a lot of potential STEM students long before college. At the same time, many students graduating from high schools are not taking the math and science courses necessary to pursue a STEM career. Experts estimate that only about one-third of graduating high school students are genuinely college-ready.
Of course, not all currently underserved students would choose STEM careers either. People chose their work for a variety of reasons. Yet it's a reasonable assumption that some percentage of currently underserved students would choose STEM just as some percentage of more advantaged students do now. So rather than trying to squeeze a few more STEM students from populations that can already choose STEM if they want to, perhaps policymakers should focus even more on giving currently under-served populations the ability to make a STEM choice in the first place. If you're not taking the right classes � or worse, if you're not in school � STEM careers are not a viable choice for you. Fixing that seems the path to the richest untapped vein of future American talent.
In other words, in the long term, the STEM agenda really isn't that different than the more general school improvement agenda. Linking the two more explicitly would also help make the push for STEM more relevant and engaging for parents than it is today. Because while education leaders can't shut up about STEM, it's hardly even on the radar of most parents � when they talk about stems they usually are talking about plants.
The Right Job? It�s Much Like the Right Spouse (http://www.nytimes.com/2011/05/22/business/22corner.html) By ADAM BRYANT | New York Times
The Downsized College Graduate (http://www.nytimes.com/roomfordebate/2011/05/24/the-downsized-college-graduate) The New York Times
Top Colleges, Largely for the Elite (http://www.nytimes.com/2011/05/25/business/economy/25leonhardt.html) By DAVID LEONHARDT | The New York Times
Five myths about America�s schools (http://www.washingtonpost.com/opinions/five-myths-about-americas-schools/2011/05/09/AFunW27G_story.html) By Paul Farhi | The Washington Post
The Failure of American Schools (http://www.theatlantic.com/magazine/print/2011/06/the-failure-of-american-schools/8497/) By Joel Klein | The Atlantic
The word "stem" is tossed around so much at education meetings these days, you'd think you were at a gardening seminar. STEM is shorthand for "science, technology, engineering, and mathematics" � all fields that are growing, providing lucrative jobs, and key to future American competitiveness. That's why everyone from President Obama to the United States Chamber of Commerce is worried about whether we're producing enough STEM graduates from our colleges and universities. That this is a problem is one of the few things that everyone in education seems to agree upon.
Part of the push for better STEM education stems � sorry � from American companies claiming there are shortages of American workers able to take on certain roles. Each year, American technology and engineering firms push to expand the number of workers allowed under the "H-1B" visa program, a category that allows companies to hire foreigners in roles where they cannot find a qualified American citizen. Critics claim the H-1B program is more a ploy to allow companies to hire skilled workers cheaper.
STEM anxiety is also an outgrowth of larger concerns about American competitiveness. The growing number of STEM workers in countries like China and India has policymakers on edge. You often hear that China and India are producing many more engineers than the United States, but when researchers from Duke University looked closely at the numbers, they found that what's counted as an engineering degree in those countries would often be considered a vocational certificate or two-year degree in this country. The Duke team found relative parity between the United States and China and India when the engineering comparison was apples to apples.
And part of our STEM obsession is frankly just longtime habit. In the 1950s, it was Admiral Hyman Rickover calling for more math and science education as part of the effort to keep us competitive with the Soviets. Congress passed legislation to support math and science education in 1958 and advocates have been pushing for more ever since. Congress passed several STEM measures in just the last decade, including the 2007 America Competes Act, which includes measures to recruit and train teachers in STEM subjects.
Still, debatable need, confused statistics, and force of habit doesn't mean there isn't an actual STEM problem facing the United States. American students should be doing better in math and science than they are now, and we are arguably producing too few college STEM majors. If the global competitiveness race turns into a numbers game, we're in trouble absent dramatic improvements: If it were its own country, the populations of China and India aged 14 and younger would each still be among the top five nations in the world in terms of population. That means that even marginal improvements in education in those countries will pay big dividends and put them on a stronger competitive footing. Besides, there is little doubt that our own economic future hinges in no small part on remaining a leader in innovation in science and technology.
So we want more college graduates in STEM careers. How do we get them? Right now policymakers are fixated on upgrading the quality of the math and science teaching force through better recruitment and training. "Out-of-field" teachers � meaning those without proper training in the subject � remain an acute problem in math and science. Scholarships, loan-forgiveness, and even higher pay are all used to attract more teachers into STEM fields. More creative ideas are emerging, too. Math For America provides $100,000 fellowships for math teachers and Partners in Science gives science teachers the opportunity to undertake actual scientific work at national laboratories during the summer. All good ideas, but to some extent we're chasing our tail: Not enough STEM graduates means not enough STEM teachers, regardless of the incentives.
The second answer is to expose students to STEM fields early on and use scholarships and inducements for them to choose STEM careers. This is where the STEM rhetoric meets our educational reality: A lot of students are not going into STEM careers today not because they're unaware of the choice, but rather because they cannot make that choice because of the quality of education they are receiving.
Think about it. With high school graduation rates of only about 75 percent overall (and 64 percent for Hispanics and 62 percent for African-Americans) we lose a lot of potential STEM students long before college. At the same time, many students graduating from high schools are not taking the math and science courses necessary to pursue a STEM career. Experts estimate that only about one-third of graduating high school students are genuinely college-ready.
Of course, not all currently underserved students would choose STEM careers either. People chose their work for a variety of reasons. Yet it's a reasonable assumption that some percentage of currently underserved students would choose STEM just as some percentage of more advantaged students do now. So rather than trying to squeeze a few more STEM students from populations that can already choose STEM if they want to, perhaps policymakers should focus even more on giving currently under-served populations the ability to make a STEM choice in the first place. If you're not taking the right classes � or worse, if you're not in school � STEM careers are not a viable choice for you. Fixing that seems the path to the richest untapped vein of future American talent.
In other words, in the long term, the STEM agenda really isn't that different than the more general school improvement agenda. Linking the two more explicitly would also help make the push for STEM more relevant and engaging for parents than it is today. Because while education leaders can't shut up about STEM, it's hardly even on the radar of most parents � when they talk about stems they usually are talking about plants.
The Right Job? It�s Much Like the Right Spouse (http://www.nytimes.com/2011/05/22/business/22corner.html) By ADAM BRYANT | New York Times
The Downsized College Graduate (http://www.nytimes.com/roomfordebate/2011/05/24/the-downsized-college-graduate) The New York Times
Top Colleges, Largely for the Elite (http://www.nytimes.com/2011/05/25/business/economy/25leonhardt.html) By DAVID LEONHARDT | The New York Times
Five myths about America�s schools (http://www.washingtonpost.com/opinions/five-myths-about-americas-schools/2011/05/09/AFunW27G_story.html) By Paul Farhi | The Washington Post
The Failure of American Schools (http://www.theatlantic.com/magazine/print/2011/06/the-failure-of-american-schools/8497/) By Joel Klein | The Atlantic
dresses Rose Byrne Actors Wendi
NKR
09-26 09:31 AM
Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�
more...
makeup red carpet, Rose Byrne,
sanju_dba
06-23 03:29 PM
As of now Single Family Dwelling &Condos owned by corporate ( like banks , invest companies ) is 3.9%.
girlfriend Rose Byrne red carpet
chanduv23
03-25 01:48 PM
UN,
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D
hairstyles Rose Byrne The cast of
nozerd
12-26 05:25 PM
I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.
alisa
01-04 02:13 AM
Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.
Like someone pointed out before you can't wake up someone that's pretending sleeping.
Thank you.
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Like someone pointed out before you can't wake up someone that's pretending sleeping.
Thank you.
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Just received a payment for over $500.
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