gc28262
01-28 03:56 PM
I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
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sathyaraj
11-09 04:07 PM
EAD & AP is luxury & aggressive. Keeping H1B active is being conservative and playing with probability and backup. It depends on your nature. Go for it!!
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a peace of mind.
Also for the first job change use AC21 and do H1B transfer also(just being cautious) and wait for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID during this period. But later on you can be on ur own.
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a peace of mind.
Also for the first job change use AC21 and do H1B transfer also(just being cautious) and wait for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID during this period. But later on you can be on ur own.
hope4gc
01-22 11:41 AM
Smisachu,
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
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venky08
11-10 03:46 AM
:D
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
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black_logs
04-08 09:51 AM
After meeting several administrative and Lawmakers staff, we concluded there's no legislation that can help people waiting for Labor Cert from BECs. But we thought if people get 3 year H1B ext. Atleast they can move on to new jobs etc and file in PERM etc. It will be a big relief.
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
add78
04-27 08:45 PM
Can somebody please post a link to the 'original' H-1B Employer Application Requirements document from USICS (not interim docs) ?
A google search of the Immigration and Naturalization Act of 1990 should land you what you seek.
A google search of the Immigration and Naturalization Act of 1990 should land you what you seek.
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dixie
07-19 06:51 PM
I would think IT experience is the same anywhere so taking it to canada should be ok? If not there are plenty of other management jobs there. It might be a new start but in a one year timespan you will be well established.
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
I think US experience will hold good in canada, at at least in IT. Canadian experience matters for immigrants who directly come from their home countries, never having lived in north america before. The trick is to find a good enough job for your experience level .. what is the point of going there and doing the same kind of job that you were stuck with here ?. That is easier said than done given the limited size of the canadian IT industry. I second your thoughts if you do get a good job, an year or so should be good enough to establish yourself. I fact, I know a couple of guys from my area who moved to canada with their families to escape retrogression, and are now well-settled there with no intention of ever coming back to the US. But yes, it took a while for them to find those jobs.
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
I think US experience will hold good in canada, at at least in IT. Canadian experience matters for immigrants who directly come from their home countries, never having lived in north america before. The trick is to find a good enough job for your experience level .. what is the point of going there and doing the same kind of job that you were stuck with here ?. That is easier said than done given the limited size of the canadian IT industry. I second your thoughts if you do get a good job, an year or so should be good enough to establish yourself. I fact, I know a couple of guys from my area who moved to canada with their families to escape retrogression, and are now well-settled there with no intention of ever coming back to the US. But yes, it took a while for them to find those jobs.
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gccovet
11-07 04:30 PM
I dumped H1B, and even renewing EAD myself. Keep on giving I9 form.
This helps me to keep interaction at the minimum with Desi Employer.
Mr. Dhundhun,
If you have not done so, please, whenever you get a chance do send those 4 letters:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
This helps me to keep interaction at the minimum with Desi Employer.
Mr. Dhundhun,
If you have not done so, please, whenever you get a chance do send those 4 letters:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
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GCVivek
04-19 06:44 PM
It is simple: you could have a PhD and be on H1B but still not qualify for EB2 classification if the job you are in does not require enough education and/or experience to fall under EB2 classification.
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
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franklin
07-12 01:41 PM
We need to get a rough idea of attendee numbers
Thanks!
For those that are out of the area, please remember that we will consider any "no" vote as really a "I'd really love to support the rally, but I live far to far away, our thoughts will be with you and we hope it is a success":D
Thanks!
For those that are out of the area, please remember that we will consider any "no" vote as really a "I'd really love to support the rally, but I live far to far away, our thoughts will be with you and we hope it is a success":D
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fasterthanlight�
06-18 09:48 PM
That looks really nice!
Nice touch with the reflection.
Nice touch with the reflection.
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maristella61
01-31 10:52 AM
Thanks for the thread. I just voted ! Everyone else please do the same !
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ArkBird
10-07 07:12 PM
The only housing market which doesn't show any sign of correction is Mumbai, as the builders have more Dubai, 'Bhai' kind of money. Everywhere else properties have already fallen 20-30%. In gurgaon & NOIDA they are down 40% from previous year...
Even in Mumbai, prices are coming down (~10-20% from last year) however they are so high right now it has to crash more than 50% to come in "NRI" range. I feel sorry for the common middle class of Mumbai... They have no options but to go beyond Borivali and Thane even after crash :( ....
Even in Mumbai, prices are coming down (~10-20% from last year) however they are so high right now it has to crash more than 50% to come in "NRI" range. I feel sorry for the common middle class of Mumbai... They have no options but to go beyond Borivali and Thane even after crash :( ....
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kubmilegaGC
09-18 09:59 PM
To Can2004, kubmilegagc, adobe howm, sriswam, MerciesOfInjustices
Seeing your postings gives me hope of getting GC this time.
Irritated with the lack of transparency and pathetic Customer service.
Created SR :- std reply blah blah.. under review..wait for 60 days.
Twice talked to IO :- First time response.. we are working on your case..
second response :- As per our info on my screen, it is not yet assigned to IO and neither pre-adjudicated. One person says one thing and another says another thing. I do not know what screen they are looking and how they are pulling info. What is the point of puting CSR if they have half baked info or worse no info on where the case is.
Have infopass appt late next week. Guess another garbage collecton day..:-)
I responded in our ever favorire sept 2009 thread...please read there some of my comments..
@cali - how are you doing buddy? doing alright?
Seeing your postings gives me hope of getting GC this time.
Irritated with the lack of transparency and pathetic Customer service.
Created SR :- std reply blah blah.. under review..wait for 60 days.
Twice talked to IO :- First time response.. we are working on your case..
second response :- As per our info on my screen, it is not yet assigned to IO and neither pre-adjudicated. One person says one thing and another says another thing. I do not know what screen they are looking and how they are pulling info. What is the point of puting CSR if they have half baked info or worse no info on where the case is.
Have infopass appt late next week. Guess another garbage collecton day..:-)
I responded in our ever favorire sept 2009 thread...please read there some of my comments..
@cali - how are you doing buddy? doing alright?
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rimzhim
02-01 04:54 PM
Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
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chaanakya
08-14 10:15 PM
Chaanakya,
Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you.
Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut.
All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship.
Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.
"Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "
DOES THIS EVEN MAKE SENSE?? WHAT DOES USCIS BEING HARDWORKING AND CLEARING BACKLOGS HAVE TO DO WITH MY POST ON A RANDOM FORUM?? YOU SIR, MAY BE MISTAKEN ABOUT A LOT OF THINGS AND MY POST MAY BE THE LEAST OF YOUR PROBLEMS.
"Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "
LET ME GUESS, YOU THINK MCCAIN IS GREAT, RIGHT? BECAUSE YOU SEEM TO HAVE A CRYSTAL BALL WHICH CAN PREDICT WHAT I WILL DO YEARS FROM NOW AND NOT ONLY THAT BUT FROM A ISOLATED POST ON A RANDOM FORUM, YOU HAVE CREATED A COMPLETE PICTURE OF MY POLITICS?? THAT IS THE BEAUTY OF THE INTERNET, EVEN PEOPLE LIKE YOU WHO CANNOT FORM A COHERENT THOUGHT HAVE AN EQUAL SAY IN ANY DISCUSSION.
"All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."
SOMEONE PLEASE GO AND WARN THE AMERICAN PEOPLE OF THE GRAVE DANGER !! NOT ONE WORD IN THIS ENTIRE POST OF YOURS CAN EVEN PRETEND TO BE PART OF A LOGICAL THOUGHT !! WOULD YOU CARE TO EXPLAIN WHAT THE DANGER IS? WHY IS IT SPECIFIC TO AMERICAN PEOPLE? YOUR PREVIOUS PARA SEEMS TO IMPLY THAT I AM ANTI-IMMIGRANT, NOW I AM ANTI AMERICAN??
This is precisely why IV hasnt achieved its goals till now and probably never will.
Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you.
Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut.
All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship.
Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.
"Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "
DOES THIS EVEN MAKE SENSE?? WHAT DOES USCIS BEING HARDWORKING AND CLEARING BACKLOGS HAVE TO DO WITH MY POST ON A RANDOM FORUM?? YOU SIR, MAY BE MISTAKEN ABOUT A LOT OF THINGS AND MY POST MAY BE THE LEAST OF YOUR PROBLEMS.
"Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "
LET ME GUESS, YOU THINK MCCAIN IS GREAT, RIGHT? BECAUSE YOU SEEM TO HAVE A CRYSTAL BALL WHICH CAN PREDICT WHAT I WILL DO YEARS FROM NOW AND NOT ONLY THAT BUT FROM A ISOLATED POST ON A RANDOM FORUM, YOU HAVE CREATED A COMPLETE PICTURE OF MY POLITICS?? THAT IS THE BEAUTY OF THE INTERNET, EVEN PEOPLE LIKE YOU WHO CANNOT FORM A COHERENT THOUGHT HAVE AN EQUAL SAY IN ANY DISCUSSION.
"All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."
SOMEONE PLEASE GO AND WARN THE AMERICAN PEOPLE OF THE GRAVE DANGER !! NOT ONE WORD IN THIS ENTIRE POST OF YOURS CAN EVEN PRETEND TO BE PART OF A LOGICAL THOUGHT !! WOULD YOU CARE TO EXPLAIN WHAT THE DANGER IS? WHY IS IT SPECIFIC TO AMERICAN PEOPLE? YOUR PREVIOUS PARA SEEMS TO IMPLY THAT I AM ANTI-IMMIGRANT, NOW I AM ANTI AMERICAN??
This is precisely why IV hasnt achieved its goals till now and probably never will.
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SunnySurya
06-11 09:13 AM
I have some personal experience in this thing. In my case it was 750K, nevertheless a large some.
Question for you: Were there any injuries in the accident?
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
Question for you: Were there any injuries in the accident?
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
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misanthrope
10-03 12:12 PM
Dude, I'm not flaming at you (it was gctest not you) but you also made really demeaning statements and then tried to retract them when you started getting reds, I think. Its not good to trash others.
Which statements of mine are demeaning?
I edited 2 posts because of grammatical errors.
Which statements of mine are demeaning?
I edited 2 posts because of grammatical errors.
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cgs
07-20 10:31 AM
What is PMP?
Project management professional.
Please visit www.pmi.org for more info.
****
I will try to be in the conf call. Thanks!
Project management professional.
Please visit www.pmi.org for more info.
****
I will try to be in the conf call. Thanks!
arunkotte
08-14 10:31 AM
Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.
http://www.visaportal.com/downloads/...20to%20pay.pdf
My 140 is approved today. Tax returns can be used to show the net current assets satisfy the ability to pay criteria. May sure you back it up with some good explaination.
http://www.visaportal.com/downloads/...20to%20pay.pdf
My 140 is approved today. Tax returns can be used to show the net current assets satisfy the ability to pay criteria. May sure you back it up with some good explaination.
oliTwist
01-16 06:13 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
Please vote up on our causes! Easy job..but please act!