pani_6
07-13 01:15 PM
What ever you might say Lawyers acted in DOL advise..
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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Rayyan
01-07 11:07 AM
Pathetic!!!!!!!!!!
--------------------------------------------------------------------------------
For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
__________________
--------------------------------------------------------------------------------
For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
__________________
sledge_hammer
03-25 01:23 PM
I thought my contribution paid for the disk space occupied by my very insightful and valuable posts on IV!!!
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
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axp817
03-26 05:15 PM
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.
What ended up happening? Did he refile?
Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?
What ended up happening? Did he refile?
Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?
more...
EkAurAaya
08-05 06:00 PM
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.
Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.
What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...
Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D
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.
Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.
What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...
Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D
gsc999
05-31 07:45 PM
CNN is taking a big chance by trying to be like FOX. CNN will continue to loose viewership with such economic/ social/ culturally xenophobic news reportage.
American Senate did a great job by being so unyielding to the protectionists.
At the same time it is interesting to note the perceptible loss of self-confidence in this protectionist lobby. Are we witnessing a paradigm shift in America? Capitalism takes back seat and the country becomes more socialist like western European contries e.g. France and Germany. With the loomimg baby-boomer retirement a couple of years away this might very well be it.
Globalization trend will intensify. China and Taiwan are already the manufacturing hubs of the world, couple of more years of such unfair treatment of trendsetting immigrants in US and its all history for the knowledge workers here. Former communist countries like Russia and China become truly Capitalist while America becomes socialist driven by the likes of Lou Doubs who is couching his real agenda behind a facade of being a middle-class messiah.
American Senate did a great job by being so unyielding to the protectionists.
At the same time it is interesting to note the perceptible loss of self-confidence in this protectionist lobby. Are we witnessing a paradigm shift in America? Capitalism takes back seat and the country becomes more socialist like western European contries e.g. France and Germany. With the loomimg baby-boomer retirement a couple of years away this might very well be it.
Globalization trend will intensify. China and Taiwan are already the manufacturing hubs of the world, couple of more years of such unfair treatment of trendsetting immigrants in US and its all history for the knowledge workers here. Former communist countries like Russia and China become truly Capitalist while America becomes socialist driven by the likes of Lou Doubs who is couching his real agenda behind a facade of being a middle-class messiah.
more...
indianindian2006
02-23 01:18 AM
I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.
here is someone who gives the real picture.
http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
here is someone who gives the real picture.
http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
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aachoo
03-23 02:14 PM
The other day someone called me offering to sell some services.
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
more...
sledge_hammer
03-25 01:23 PM
I thought my contribution paid for the disk space occupied by my very insightful and valuable posts on IV!!!
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
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waitnwatch
08-05 05:22 PM
Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
more...
needhelp!
09-29 11:08 AM
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
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krishnam70
03-25 11:48 PM
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
If this is true
- cheers
kris
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
If this is true
- cheers
kris
more...
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punjabi
08-05 01:50 PM
A doctor had just finished a physical well-check session with one of his patients, when he realized he got a bit carried away with the procedure. He was resting afterwards and was feeling a bit guilty because he thought it wasn't really ethical to do it with one of his patients. However, a little voice in his head said "Lots of other doctors have done it with their patients so its not like you're the first". This made the doctor feel a little bit better until still another voice in his head said, " but they probably weren't veterinarians".
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GCappli
11-11 12:52 PM
Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
There are various CIS memos which have the out of status interpretation ..
There are various CIS memos which have the out of status interpretation ..
more...
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nojoke
04-15 03:42 PM
I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
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mbawa2574
01-09 12:35 PM
If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.
They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.
India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.
Go Israel Go !!!!!
They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.
India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.
Go Israel Go !!!!!
more...
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ilikekilo
03-26 07:05 PM
As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
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unitednations
03-26 04:45 PM
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).
Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.
Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.
Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.
The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).
Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.
Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.
Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.
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unitednations
03-24 03:23 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
rajuram
07-13 02:20 PM
It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.
Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
GCKaMaara
01-07 10:13 AM
Looks like Israel goofed up this time:
http://edition.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Oh really? Thats how they bombed the school and killed more than 40 kids?
....
If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.
http://edition.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Oh really? Thats how they bombed the school and killed more than 40 kids?
....
If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.
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