nk2006
09-30 02:59 PM
I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.
That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.
That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.
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srikondoji
09-26 02:48 PM
I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
logiclife
04-07 01:06 PM
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
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Marphad
12-17 02:53 PM
Now you may go and dig out my previous postings too!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Because when you speak something it is useful and when others say something is nonsense. Cool.
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Because when you speak something it is useful and when others say something is nonsense. Cool.
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logiclife
06-01 06:09 PM
The culture of rant, the tendency of being angry at all times has landed success to many broadcast journalists, authors and politicians.
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
bajrangbali
06-07 05:46 PM
Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
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purgan
01-28 10:44 AM
what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...
2010 Calendar/Wallpaper - Feb 2011
IL_Guy
06-09 10:40 AM
Reds.........Hmmm what for?
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sanju
05-17 10:21 AM
Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.
Whow! Whow! Whow! Why didn’t I see this coming? So now it is ok to support bills that will screw-up lives of millions of hard working people and their families, who have done thing wrong. But it is not ok to reply people like yourself. Ohh! I did not realize that. I am so so so so sorry to hurt you…. Idiot
You are the winner of today’s trophy to be the worst person in the world.
Whow! Whow! Whow! Why didn’t I see this coming? So now it is ok to support bills that will screw-up lives of millions of hard working people and their families, who have done thing wrong. But it is not ok to reply people like yourself. Ohh! I did not realize that. I am so so so so sorry to hurt you…. Idiot
You are the winner of today’s trophy to be the worst person in the world.
hair 2011 Wallpaper calendar: March
cinqsit
08-06 01:27 AM
We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.
What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)
Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)
cinqsit
What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)
Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)
cinqsit
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unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
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srkamath
07-13 02:15 PM
Whoever, plans to put their name and signature on this letter ......
" Let me take you back to the situation in 2001-2003..when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from TOP US universities) our Labors were sent back from DOL saying that the Economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 non RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years. " - sounds awkward, someone with better writing skills needs to re-write this.
"....most people applied in EB2 and got their Labors cleared in few months time.... " - So why didn't/couldn't/wouldn't you?
"After having followed the rules set by DOL and the USCIS and waited patiently in line ignoring the short cut routes of substitute labor or converting to EB2 categories we applied for I-485 in June 07 to get our EAD's. " - I-485 to get EAD ??? Doesn't make sense....
The whole letter sounds like you are demanding some kind of entitlement......and are suggesting that those who applied for EB2 under PERM did something wrong?
" Let me take you back to the situation in 2001-2003..when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from TOP US universities) our Labors were sent back from DOL saying that the Economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 non RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years. " - sounds awkward, someone with better writing skills needs to re-write this.
"....most people applied in EB2 and got their Labors cleared in few months time.... " - So why didn't/couldn't/wouldn't you?
"After having followed the rules set by DOL and the USCIS and waited patiently in line ignoring the short cut routes of substitute labor or converting to EB2 categories we applied for I-485 in June 07 to get our EAD's. " - I-485 to get EAD ??? Doesn't make sense....
The whole letter sounds like you are demanding some kind of entitlement......and are suggesting that those who applied for EB2 under PERM did something wrong?
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house calendar march 2011 wallpaper.
manub
07-07 07:45 PM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
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pappu
03-23 11:45 AM
How did you verify if the call was really from Immigration services?
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pictures girlfriend calendar march 2011
chanduv23
03-25 03:50 PM
ok..lets see how it goes.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
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amsgc
08-06 11:21 PM
.
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punjabi
08-08 07:44 PM
for this magnificent video!!
a very nice video. Shows unity in a very nice perspective..
http://www.vimeo.com/1211060
The song is a Bengali poem written by Rabindranath Tagore.
a very nice video. Shows unity in a very nice perspective..
http://www.vimeo.com/1211060
The song is a Bengali poem written by Rabindranath Tagore.
girlfriend Free February 2011 Calendar
sledge_hammer
03-24 07:14 PM
Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?
Please point to the exact post of mine...
Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .
Please point to the exact post of mine...
Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .
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desi3933
08-06 09:11 AM
....
....
....
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Someone (Rolling_Stone is that you?) gave me red dot with this remark
yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE
Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
BTW you are a coward who does not guts to reply with your ID.
Yes, I agree, getting thru JEE is good but it is no big deal.
Rolling_Stone -
Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D
You are a real CKD (if you are an IITian then you should know what it means).
....
....
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Someone (Rolling_Stone is that you?) gave me red dot with this remark
yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE
Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
BTW you are a coward who does not guts to reply with your ID.
Yes, I agree, getting thru JEE is good but it is no big deal.
Rolling_Stone -
Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D
You are a real CKD (if you are an IITian then you should know what it means).
like_watching_paint_dry
04-13 10:36 PM
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
jkays94
05-24 01:48 PM
http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
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