sledge_hammer
03-24 07:54 AM
Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
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krishnam70
08-14 11:32 AM
Hi UN,
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
chintu25
08-22 11:23 AM
:D
"Some good news for the economy. President went on a month-long vacation." �Jay Leno
"The federal government announced today that the recession ended back in November of 2001. It ended two years ago! Be sure to pass that on to all your unemployed friends. So you know what that means? The past twenty months of job layoffs, corporate bankruptcies and declining stocks, those were the good times. We should have been living it up." �Jay Leno
"Yesterday Federal Reserve Chairman Alan Greenspan said he would be willing to serve another term. Greenspan said, 'Where else would I get a job in this economy?'" �Conan O'Brien
"Democrats were quick to point out that President 's budget creates a 1 trillion dollar deficit. The White House quickly responded with 'Hey, look over there, it's Saddam Hussein.'" �Craig Kilborn
"President unveiled his new economic stimulus plan this week. It was reported that if the plan passes, the president himself would save $44,000 in taxes, Dick Cheney would save $327,000, and you could afford to take the whole family down to Burger King to pick up job applications." �Tina Fey, on Saturday Night Live's "Weekend Update"
"President 's economic plan will create 2.5 million new jobs. The bad news, they are all for Iraqi soldiers." �Craig Kilborn
"According to a new study, bad economic times can actually be good for you because people tend to exercise more and eat better. This is not a recession, this is the President�s Health Care Plan." �Jay Leno
"The big story here tonight comes from Washington, D.C. where President announced his new economic plans. The centerpiece was a proposed repeal of the dividends tax on stocks, a boon that could be worth millions of dollars to average Americans. Well, average stock owning Americans. Technically, Americans who own a significant amount of shares in dividend dealing companies. Well, rich people, that's what I'm trying to say. They're going to do really well with this." �Jon Stewart
"Treasury Secretary Paul O'Neal has resigned. He didn't want to resign, but there wasn't any money left in the treasury so he's got nothing to do." �Jay Leno
" Presidents advisers have long been worried that a lagging economy could hamper the president's re-election chances. They hope that the Cabinet shake-up will provide a needed jolt. If that doesn't work, North Korea has to go." �Jon Stewart
"Al Gore says President�s economic plan has zero chance of working. Now, this raises on important question: President has an economic plan?" �David Letterman
"President said today that it is our job to vote. That's what he called it, a job. And considering how the way economy is going, that may be the only job we have." �Jay Leno
"The same week the administration slashed pay raises for all federal workers, they announced they are going to provide bonuses to political appointees who do a good job. You know, that guy who cut everyone else's pay, he gets the bonus." �Jay Leno
"The Stock Market was down today. Two major businesses declared bankruptcy, consumer spending is at an all time low � in other words, president is back on the job." �Jay Leno
"President hosted something called the President's Economic Forum down in Waco, Texas today. Waco. Apparently Jonestown and Guyana were booked up. When I think of government policy that works, Waco is the place to go. He invited members of small business to the summit. He was going to invite big business, but they're all in jail." �Jay Leno
"President told the attendees (at his economic forum) that he wants to simplify the numbers on Wall Street so that people can understand what they are looking at. Simplify the numbers? We are already looking at single digits!" �Jay Leno
"In a speech yesterday in Milwaukee, President vowed to do whatever it takes to keep the economy strong. In fact he said that if he needs to, he will take vacation for another three months." �Jay Leno
"There's now speculation in Washington that President is now planning to increase the economic sanctions on Iraq. And let me tell you if they are half as tough as the economic sanctions he has imposed on this country, they are screwed." �Jay Leno
"President is leaving the White House for a vacation. He's taking a month off. Yeah, take a break, you deserve it. But aides say that while on vacation, will continue to make two or three speeches a week to make sure that the market keeps crashing." �Jay Leno
"Boy, another bad day on Wall Street. Things are getting ugly. Dow Jones is starting to look more like Paula Jones." �Jay Leno
"Do you have any idea how cheap stocks are now? Wall Street is now being called Wal-Mart Street." �Jay Leno
"The United States has developed a new weapon that destroys people but it leaves buildings standing. It's called the stock market." �Jay Leno
"The economy is in big trouble. Yesterday in a big speech, President said the economy was still getting over the hangover from the 90's. And then, the president admitted he was still getting over his hangover from the 80's." �Conan O'Brien
"Some good news for the economy. President went on a month-long vacation." �Jay Leno
"The federal government announced today that the recession ended back in November of 2001. It ended two years ago! Be sure to pass that on to all your unemployed friends. So you know what that means? The past twenty months of job layoffs, corporate bankruptcies and declining stocks, those were the good times. We should have been living it up." �Jay Leno
"Yesterday Federal Reserve Chairman Alan Greenspan said he would be willing to serve another term. Greenspan said, 'Where else would I get a job in this economy?'" �Conan O'Brien
"Democrats were quick to point out that President 's budget creates a 1 trillion dollar deficit. The White House quickly responded with 'Hey, look over there, it's Saddam Hussein.'" �Craig Kilborn
"President unveiled his new economic stimulus plan this week. It was reported that if the plan passes, the president himself would save $44,000 in taxes, Dick Cheney would save $327,000, and you could afford to take the whole family down to Burger King to pick up job applications." �Tina Fey, on Saturday Night Live's "Weekend Update"
"President 's economic plan will create 2.5 million new jobs. The bad news, they are all for Iraqi soldiers." �Craig Kilborn
"According to a new study, bad economic times can actually be good for you because people tend to exercise more and eat better. This is not a recession, this is the President�s Health Care Plan." �Jay Leno
"The big story here tonight comes from Washington, D.C. where President announced his new economic plans. The centerpiece was a proposed repeal of the dividends tax on stocks, a boon that could be worth millions of dollars to average Americans. Well, average stock owning Americans. Technically, Americans who own a significant amount of shares in dividend dealing companies. Well, rich people, that's what I'm trying to say. They're going to do really well with this." �Jon Stewart
"Treasury Secretary Paul O'Neal has resigned. He didn't want to resign, but there wasn't any money left in the treasury so he's got nothing to do." �Jay Leno
" Presidents advisers have long been worried that a lagging economy could hamper the president's re-election chances. They hope that the Cabinet shake-up will provide a needed jolt. If that doesn't work, North Korea has to go." �Jon Stewart
"Al Gore says President�s economic plan has zero chance of working. Now, this raises on important question: President has an economic plan?" �David Letterman
"President said today that it is our job to vote. That's what he called it, a job. And considering how the way economy is going, that may be the only job we have." �Jay Leno
"The same week the administration slashed pay raises for all federal workers, they announced they are going to provide bonuses to political appointees who do a good job. You know, that guy who cut everyone else's pay, he gets the bonus." �Jay Leno
"The Stock Market was down today. Two major businesses declared bankruptcy, consumer spending is at an all time low � in other words, president is back on the job." �Jay Leno
"President hosted something called the President's Economic Forum down in Waco, Texas today. Waco. Apparently Jonestown and Guyana were booked up. When I think of government policy that works, Waco is the place to go. He invited members of small business to the summit. He was going to invite big business, but they're all in jail." �Jay Leno
"President told the attendees (at his economic forum) that he wants to simplify the numbers on Wall Street so that people can understand what they are looking at. Simplify the numbers? We are already looking at single digits!" �Jay Leno
"In a speech yesterday in Milwaukee, President vowed to do whatever it takes to keep the economy strong. In fact he said that if he needs to, he will take vacation for another three months." �Jay Leno
"There's now speculation in Washington that President is now planning to increase the economic sanctions on Iraq. And let me tell you if they are half as tough as the economic sanctions he has imposed on this country, they are screwed." �Jay Leno
"President is leaving the White House for a vacation. He's taking a month off. Yeah, take a break, you deserve it. But aides say that while on vacation, will continue to make two or three speeches a week to make sure that the market keeps crashing." �Jay Leno
"Boy, another bad day on Wall Street. Things are getting ugly. Dow Jones is starting to look more like Paula Jones." �Jay Leno
"Do you have any idea how cheap stocks are now? Wall Street is now being called Wal-Mart Street." �Jay Leno
"The United States has developed a new weapon that destroys people but it leaves buildings standing. It's called the stock market." �Jay Leno
"The economy is in big trouble. Yesterday in a big speech, President said the economy was still getting over the hangover from the 90's. And then, the president admitted he was still getting over his hangover from the 80's." �Conan O'Brien
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Macaca
02-13 09:31 AM
This thread is for resources on lobbying for legislation
Pre-requisite: What is Legislation? (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation)
Lobbying is the practice of trying to persuade legislators to propose, pass, or defeat legislation or to change existing laws. A lobbyist may work for a group, organization, or industry, and presents information on legislative proposals to support his or her clients' interests.
Resources
History of lobbying (http://www.senate.gov/legislative/common/briefing/Byrd_History_Lobbying.htm)
The Nonprofit Lobbying Guide (http://www.independentsector.org/programs/gr/lobbyguide.html)
Center for Lobbying in the Public Interest (http://www.clpi.org/)
The Democracy Center (http://www.democracyctr.org/)
Pre-requisite: What is Legislation? (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation)
Lobbying is the practice of trying to persuade legislators to propose, pass, or defeat legislation or to change existing laws. A lobbyist may work for a group, organization, or industry, and presents information on legislative proposals to support his or her clients' interests.
Resources
History of lobbying (http://www.senate.gov/legislative/common/briefing/Byrd_History_Lobbying.htm)
The Nonprofit Lobbying Guide (http://www.independentsector.org/programs/gr/lobbyguide.html)
Center for Lobbying in the Public Interest (http://www.clpi.org/)
The Democracy Center (http://www.democracyctr.org/)
more...
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.
mpadapa
09-26 01:14 PM
Just to clarify GWB is a Yale graduate.
With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.
In the near term only democrats will be in a position to provide us with some relief because they control the congress.
"I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)
Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
a) Sen Durbin, is anti H1 and also anti GC (IMO)
b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.
With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.
In the near term only democrats will be in a position to provide us with some relief because they control the congress.
"I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)
Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
a) Sen Durbin, is anti H1 and also anti GC (IMO)
b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.
more...
unitednations
03-26 08:41 PM
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.
California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.
Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.
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unitednations
08-03 08:25 PM
Here is my case details
In US from Feb 2000 - till date
PD :Aug 2002
I140 approved on Aug 2004 (no rfe)
I485 rcpt :sep 2005 pending for approval...
worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.
Applied I485 on
2005. I guess my attorney filed my 2003 w2 with my i485 petion.
I chaged from company A to company B on 2005
Will im in trouble? UN or somebody can please help?
You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.
In US from Feb 2000 - till date
PD :Aug 2002
I140 approved on Aug 2004 (no rfe)
I485 rcpt :sep 2005 pending for approval...
worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.
Applied I485 on
2005. I guess my attorney filed my 2003 w2 with my i485 petion.
I chaged from company A to company B on 2005
Will im in trouble? UN or somebody can please help?
You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.
more...
Waitingnvain
01-30 10:24 PM
I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.
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nanban007
07-14 12:56 PM
I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban
more...
jonty_11
09-29 03:09 PM
Precisely my point! Majority of EB immigrants are pro-Democratic party and possible future contributors to Obama 2012 campaign.
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
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hopefulgc
08-07 12:59 PM
All monkeys also interfiled and became lions
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sri
04-07 09:15 AM
Where is it mentioned that they will not renew the H-1Bs?
Green card is for convenience � H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
Green card is for convenience � H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
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satishku_2000
05-16 05:12 PM
Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
more...
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siravi
09-30 05:41 PM
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.
Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.
Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.
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file485
07-07 11:06 PM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
more...
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alisa
01-04 03:21 PM
I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists.
Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.
Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.
Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.
Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.
Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.
Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.
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gc_chahiye
08-02 07:38 PM
People always read what they want to read.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
ouch. there is always uncertainty, all steps of this gc process :(
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
ouch. there is always uncertainty, all steps of this gc process :(
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
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ns33
07-13 12:20 AM
Great Job - Thanks for taking initiative... everyone please pitch in.
nogc_noproblem
08-06 11:53 AM
A man went into the proctologist's office for his first exam.
The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.
A tube of K-Y jelly; A rubber glove; and A beer.
When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"
At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......
Dam it Helen! I said a BUTT LIGHT
The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.
A tube of K-Y jelly; A rubber glove; and A beer.
When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"
At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......
Dam it Helen! I said a BUTT LIGHT
bajrangbali
06-21 08:48 PM
When it comes down to both GC & MTR denial...all is not lost as long as you have not put a lot of money down on the house. You could get back your 5% down payment worth in abt an year and after that mortgage would be the same as rent you would be paying living in an apt. Assumption here is, your mortgage is close to rent payment. If you have to leave, then just leave without the burden of having lot of money invested in the house. If you are still thinking abt 5%..just max out all your cards and have a blast :cool::cool: