mrajatish
07-08 11:01 AM
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
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Pagal
03-24 10:56 AM
Pagal did they ask you too for client contract letters ?
Nop, for me the questions were around tax returns, W-2 and current employment letter. The interview was focused on tax returns and explanation of passive income from a business.
But as I said, I wish this becomes a trend where USCIS starts calling up applicants to get the details they need to decide on the case rather than using paper mail.
Nop, for me the questions were around tax returns, W-2 and current employment letter. The interview was focused on tax returns and explanation of passive income from a business.
But as I said, I wish this becomes a trend where USCIS starts calling up applicants to get the details they need to decide on the case rather than using paper mail.
alisa
12-31 12:41 PM
See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace.
Do you realize that
a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
b) That was before the atomic bomb,
Do you realize that
a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
b) That was before the atomic bomb,
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unitednations
08-02 12:50 PM
Thanks UN
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
more...
hiralal
06-06 11:35 PM
I agree the above sounds good on paper and believe me I have a friend who lived like that from 2002 till 2008 ... he is not in IT but is / was a business man (now he does not have any business). he bought a house for 750 to 800K (it was worth a million during the boom - but no buyers and hence he got it for 750). now he has lost his business and house is in foreclosure. the trouble for him is that he is having a tough time trying to live a life within his means ... needless to say, he had a tough time trying to make payments and he even tried to cut costs by not switching on a/c during hot hot months or by shivering during cold months ..on the contrary, myself in my modest rental ..I never worried about a/c costs and never worried about rental payments (he and his family spent sleepless nights). also because of his high cost of living ..he had to do desperate things (don't want to get into details here)
I would rather stay in a modest place and spend the remainder money in good life. just buying a big house is not high standard of living ..it is how you live your life and you can live life king size in apartment too (or a rented house) !!
and hence posts like the above sound good in paper and in movies ..reality is tough and rotten !!
I have a quick question though ..say your EAD is approved for 2 years and 3 months from now, 485 is denied for whatever reason ..can you stay till the EAD expiration ? (I guess no) ...if no, then how long can you stay ??
I would rather stay in a modest place and spend the remainder money in good life. just buying a big house is not high standard of living ..it is how you live your life and you can live life king size in apartment too (or a rented house) !!
and hence posts like the above sound good in paper and in movies ..reality is tough and rotten !!
I have a quick question though ..say your EAD is approved for 2 years and 3 months from now, 485 is denied for whatever reason ..can you stay till the EAD expiration ? (I guess no) ...if no, then how long can you stay ??
gccovet
08-07 03:40 PM
Political Science for Dummies
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
more...
kaisersose
04-14 11:10 AM
Most of the posts here are not relevant to the original topic of the thread – buying a home when 485 is pending.
You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.
For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!
I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.
Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.
You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.
For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!
I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.
Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.
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xyzgc
12-25 04:30 PM
We suffer due to the unfairness of a system that hinges upon the place of your birth! We demand that there be no quotas based on "country of birth" and that we ask for equitable treatment.
Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?
I apologize for singling out Talash. I just got frustrated with the fact that you can come from a small, war-mongering terrorist country and get your gc in a year's time, gloat over it, while our tax money of several years finds its way intothe coffers of the very same nation and we wait patiently for several years to see the green.
It was misdirected anger and I stand corrected for singling out some one like this but it doesn't make my point completely invalid either.
I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.
I never hurled insults at others and never intended to - you should see the offline messages people left me and you will be equally surprised educated people can use such a horrible language! I'm quite sure several others didn't do that as well. Most folks have been logical and consistent in their posts.
I gave reds because I got reds - I didn't insult anyone at all. And I'm sure there are many others like me, who didn't participate in this dirty name calling but posted their views openly.
There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.
Why are you "singling" out this particular thread?
Haven't you seen enough bickering, shouting, name calling on other threads, which are supposedly, solely focused on addressing immigration issues.
How many threads have you seen not ending up in flaming at each others? Nearly, in every thread that is related to immigration, people jump at each others throats. Otherwise, there are threads which post useless visa bulletin predictions (I've done it myself).
And what have you done to stop it, may I ask?:(
All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.
Agreed.
Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?
I apologize for singling out Talash. I just got frustrated with the fact that you can come from a small, war-mongering terrorist country and get your gc in a year's time, gloat over it, while our tax money of several years finds its way intothe coffers of the very same nation and we wait patiently for several years to see the green.
It was misdirected anger and I stand corrected for singling out some one like this but it doesn't make my point completely invalid either.
I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.
I never hurled insults at others and never intended to - you should see the offline messages people left me and you will be equally surprised educated people can use such a horrible language! I'm quite sure several others didn't do that as well. Most folks have been logical and consistent in their posts.
I gave reds because I got reds - I didn't insult anyone at all. And I'm sure there are many others like me, who didn't participate in this dirty name calling but posted their views openly.
There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.
Why are you "singling" out this particular thread?
Haven't you seen enough bickering, shouting, name calling on other threads, which are supposedly, solely focused on addressing immigration issues.
How many threads have you seen not ending up in flaming at each others? Nearly, in every thread that is related to immigration, people jump at each others throats. Otherwise, there are threads which post useless visa bulletin predictions (I've done it myself).
And what have you done to stop it, may I ask?:(
All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.
Agreed.
more...
WaitingYaar
04-05 05:12 PM
jung.lee
The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail. Furthermore, it is worth noting that if one is buying the property for personal consumption or for invetment. If for invetment, then I agree with your assesment, but if you are buying for yourself, it always a good time :-) Home sweet home!! Also always wise to pay your own mortgage than anyone else's.
Also, if the housing goes down further, you would see a much broader threat to the economy, so i feel that all will be done to contain it. We are currently at 2004 prices, and in some areas escalations on the foreclosed properties are are being seen.... So it tells something, that buyers who have been holding the cash are started to look around. But the inventory being so high that it may some sometime. However, the interest rates may not be friendly for long because of the inflation threat and considering the risks associated with the mortgages. So, this time with low rates, and low house pricess may not last long since these two things are generally inversly proportional!!
The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail. Furthermore, it is worth noting that if one is buying the property for personal consumption or for invetment. If for invetment, then I agree with your assesment, but if you are buying for yourself, it always a good time :-) Home sweet home!! Also always wise to pay your own mortgage than anyone else's.
Also, if the housing goes down further, you would see a much broader threat to the economy, so i feel that all will be done to contain it. We are currently at 2004 prices, and in some areas escalations on the foreclosed properties are are being seen.... So it tells something, that buyers who have been holding the cash are started to look around. But the inventory being so high that it may some sometime. However, the interest rates may not be friendly for long because of the inflation threat and considering the risks associated with the mortgages. So, this time with low rates, and low house pricess may not last long since these two things are generally inversly proportional!!
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gc4me
08-05 10:42 AM
Mrs. Rolling_Flood,
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
more...
dpp
05-17 10:03 AM
I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
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rimzhim
04-09 11:43 AM
Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.
Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.
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nogc_noproblem
08-07 12:30 PM
Thanks for the compliments.
H1B, Labor, I140, I485, EAD, AP, PD, RD, ND, VB, RFE – Sucks man, had enough.
In fact I am so relaxed and laughed many times for the past 2 days. I read so many jokes and picked the good ones, I really enjoyed doing this.
Thanks for all those for their encouragement, positive comments and yes, Green dots.
If the trend continues, I think very soon I can beat Pappu in terms of number of green dots (Ssssssss!!! don’t let Pappu know about this till then, ok :))
nogc_noproblem , u r 5 star *****
H1B, Labor, I140, I485, EAD, AP, PD, RD, ND, VB, RFE – Sucks man, had enough.
In fact I am so relaxed and laughed many times for the past 2 days. I read so many jokes and picked the good ones, I really enjoyed doing this.
Thanks for all those for their encouragement, positive comments and yes, Green dots.
If the trend continues, I think very soon I can beat Pappu in terms of number of green dots (Ssssssss!!! don’t let Pappu know about this till then, ok :))
nogc_noproblem , u r 5 star *****
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rkgc
03-23 03:21 PM
Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.
Did you get in touch with a lawyer yet?
~rk
Did you get in touch with a lawyer yet?
~rk
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senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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Macaca
03-06 09:03 PM
Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule (http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf) 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
Damaris Del Valle, Law Clerk
Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)
PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)
Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
Damaris Del Valle, Law Clerk
Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)
PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)
Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)
more...
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lfwf
08-05 03:09 PM
Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.
True.
However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
You will have to explain how this is fair.
Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?
I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?
True.
However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
You will have to explain how this is fair.
Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?
I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?
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Madhuri
05-16 08:27 PM
Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc.....
I second that. I don't want to find myself in biggermess after all this is over.
I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .
Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...
I second that. I don't want to find myself in biggermess after all this is over.
I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .
Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...
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pappu
08-05 08:41 PM
Can someone note the
- Best funny post on this thread
- Best post of the thread
- Worse post of the thread
for the 3 awards and I will go through just those 3 posts and close the thread. :D
I will open the thread once Rollling_flood files the lawsuit:D.
What do you say?
- Best funny post on this thread
- Best post of the thread
- Worse post of the thread
for the 3 awards and I will go through just those 3 posts and close the thread. :D
I will open the thread once Rollling_flood files the lawsuit:D.
What do you say?
singhsa3
08-06 09:06 AM
Personally I think "Obviously" response was derogatory and not funny at all.
Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.
Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.
acecupid
08-06 06:17 PM
A young man walked into a jewelry store one Friday evening with a
beautiful young gal at his side.
He told the jeweler he was looking for a special ring for his
girlfriend. The jeweler looked through his stock and brought out a
$5,000 ring and showed it to him.
The young man said, "I don't think you understand, I want something
very
special. "
At that statement, the jeweler went to his special stock and brought
another ring over. " Here's a stunning ring at only $40,000, " the
jeweler said.
The young lady's eyes sparkled and her whole body trembled with
excitement.
The young man seeing this said, "We'll take it. "
The jeweler asked how payment would be made and the young man stated, "
by cheque."
"I know you need to make sure my cheque is good, so I'll write it now
and you can call the bank Monday to verify the funds and I'll pick the
ring up Monday afternoon. "
Monday morning, a very teed-off jeweler phoned the young man. " There's
no money in that account."
"I know ", said the young man, "but can you imagine the weekend I had?
beautiful young gal at his side.
He told the jeweler he was looking for a special ring for his
girlfriend. The jeweler looked through his stock and brought out a
$5,000 ring and showed it to him.
The young man said, "I don't think you understand, I want something
very
special. "
At that statement, the jeweler went to his special stock and brought
another ring over. " Here's a stunning ring at only $40,000, " the
jeweler said.
The young lady's eyes sparkled and her whole body trembled with
excitement.
The young man seeing this said, "We'll take it. "
The jeweler asked how payment would be made and the young man stated, "
by cheque."
"I know you need to make sure my cheque is good, so I'll write it now
and you can call the bank Monday to verify the funds and I'll pick the
ring up Monday afternoon. "
Monday morning, a very teed-off jeweler phoned the young man. " There's
no money in that account."
"I know ", said the young man, "but can you imagine the weekend I had?
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