NKR
09-30 02:26 PM
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.
Correct me if I am wrong.
I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.
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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.
ilikekilo
03-26 07:05 PM
As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
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gccovet
01-07 10:53 AM
Hi,
I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.
http://www.hindu.com/nic/dossier.htm
Paksitan govt. says the provided proof are not solid enough. lol!!!
I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.
http://www.hindu.com/nic/dossier.htm
Paksitan govt. says the provided proof are not solid enough. lol!!!
more...
akela_topchi
01-09 06:16 PM
Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
Macaca
05-09 05:51 PM
After bin Laden, U.S. Will Look East (http://www.realclearworld.com/articles/2011/05/06/after_bin_laden_us_will_look_east_99510.html) By Daniel Kilman | German Marshall Fund
Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.
Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.
Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.
The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.
At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.
U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.
During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.
Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States
Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
Renren, China�s Facebook, sells shares on NYSE
But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
By David Case | GlobalPost
Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes
Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.
Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.
Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.
The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.
At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.
U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.
During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.
Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States
Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
Renren, China�s Facebook, sells shares on NYSE
But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
By David Case | GlobalPost
Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes
more...
Macaca
12-27 07:32 PM
But they got no answers out of me�a total failure. Officer Xu, while asking me questions, kept kicking my legs. I said, "Be a little more civilized!"
Then he said, "So what if I act like this, what can you do! In other matters I will actually still be afraid that someone might complain. But you here, you are an enemy. We can beat you and swear at you and if you complain, it will be useless even if you complain to the Ministry of Public Security!" I thought, this little police officer is younger than 30, how is he so well versed in the Maoist doctrine of the "contradiction between the enemy and us"?
A tall plainclothes officer was getting impatient and said loudly to Officer Xu: "Why waste words on this sort of person? Let's beat him to death and dig a hole to bury him in and be done with it. How lucky we've got a place to put him away here." Turning to me, he said, "Think your family can find you if you're disappeared? Tell me, what difference would it make if you vanished from Beijing?" Later he whispered to Officer Xu, "Put him away in the hotel!" I could not hear clear what hotel he meant, but from the context I assumed he was referring to that "place to bury you."
I knew they were not just joking, and I felt like a small ant that could be annihilated any moment without a trace. And yet I was not that scared. For one thing, I had already sent out a message on the Internet, and for another, they had by that time also taken my ID card out of my bag and realized that I was a teacher at the China University of Politics and Law.
This special status was the reason why I was not beaten more severely, and why they did not "dig a hole to bury me." And it is true: I had disclosed this information to the police officers, albeit half-consciously, to avoid being beaten more severely. If it had not been for my status as a teacher at CUPL, a doctor with a degree from Peking University, a famous human rights lawyer, a visiting scholar at Yale, could I still have shown as much courage? I very much doubt it.
I felt ashamed of my status and the differential treatment I was enjoying on account of them. I even felt that if the police didn't succeed in burying me they would vent their rage against some other disobedient person. Any pain that I was being spared was sure to be inflicted on another, more helpless victim at some point.
How much terror, humiliation and despair do ordinary people suffer who get locked up in police stations, re-education through labour camps, investigation detention cells, custody and repatriation cells, and black jails in the face of a bunch of police officers who regard a person's life like a blade of grass and treat ordinary people as foes? Police officers across the country threatening to "beat you to death and dig a hole to bury you," how many people do they actually beat to death or beat until they are disabled?
It was almost midnight when the Beijing Municipal Public Security Bureau sent round some officers who said they wanted to take me away. They returned my glasses, mobile phone and other things. I told them that I would only leave together with the friend who had been detained with me.
After some more argument, they led me and Mr. Zhang to a car. Someone called my name, and I immediately recognized some netizens. I could not get out of the car but I shook hands with them through the window. Later I learned that many others had also rushed to the scene. An unknown number of netizen friends had expressed support on the Internet and passed on the news. Maybe that is the main reason why we were so quickly released.
On the way back home, a Beijing state security officer complained to me, "If everybody fought with them using your methods, the police would have no way of continuing their work! How many fewer common thieves they'd be able to catch!"
I replied, "If the law-enforcers don't act in accordance with the law, what use are they really to citizens? Police should catch thieves, but can those who 'beat you to death and dig a hole for you' still be called 'police'? If people are fighting each other using my methods, maybe fewer common thieves will be caught, but fewer citizens will be beaten to death in police stations. In which of these two situations are society's losses greater?"
Mr. Teng is a professor of law at China University of Politics and Law
The Challenges China Faces (http://asiasentinel.com/index.php?option=com_content&task=view&id=2892&Itemid=422) By John Berthelsen | Asia Sentinel
China�s Attitude toward Hard Power and Soft Power (http://www.brookings.edu/opinions/2010/12_china_soft_power_jia.aspx) By Qingguo Jia | Peking University
Computing set to bolster China's industrial prowess (http://search.japantimes.co.jp/cgi-bin/eo20101227a1.html) Sentaku Magazine
Then he said, "So what if I act like this, what can you do! In other matters I will actually still be afraid that someone might complain. But you here, you are an enemy. We can beat you and swear at you and if you complain, it will be useless even if you complain to the Ministry of Public Security!" I thought, this little police officer is younger than 30, how is he so well versed in the Maoist doctrine of the "contradiction between the enemy and us"?
A tall plainclothes officer was getting impatient and said loudly to Officer Xu: "Why waste words on this sort of person? Let's beat him to death and dig a hole to bury him in and be done with it. How lucky we've got a place to put him away here." Turning to me, he said, "Think your family can find you if you're disappeared? Tell me, what difference would it make if you vanished from Beijing?" Later he whispered to Officer Xu, "Put him away in the hotel!" I could not hear clear what hotel he meant, but from the context I assumed he was referring to that "place to bury you."
I knew they were not just joking, and I felt like a small ant that could be annihilated any moment without a trace. And yet I was not that scared. For one thing, I had already sent out a message on the Internet, and for another, they had by that time also taken my ID card out of my bag and realized that I was a teacher at the China University of Politics and Law.
This special status was the reason why I was not beaten more severely, and why they did not "dig a hole to bury me." And it is true: I had disclosed this information to the police officers, albeit half-consciously, to avoid being beaten more severely. If it had not been for my status as a teacher at CUPL, a doctor with a degree from Peking University, a famous human rights lawyer, a visiting scholar at Yale, could I still have shown as much courage? I very much doubt it.
I felt ashamed of my status and the differential treatment I was enjoying on account of them. I even felt that if the police didn't succeed in burying me they would vent their rage against some other disobedient person. Any pain that I was being spared was sure to be inflicted on another, more helpless victim at some point.
How much terror, humiliation and despair do ordinary people suffer who get locked up in police stations, re-education through labour camps, investigation detention cells, custody and repatriation cells, and black jails in the face of a bunch of police officers who regard a person's life like a blade of grass and treat ordinary people as foes? Police officers across the country threatening to "beat you to death and dig a hole to bury you," how many people do they actually beat to death or beat until they are disabled?
It was almost midnight when the Beijing Municipal Public Security Bureau sent round some officers who said they wanted to take me away. They returned my glasses, mobile phone and other things. I told them that I would only leave together with the friend who had been detained with me.
After some more argument, they led me and Mr. Zhang to a car. Someone called my name, and I immediately recognized some netizens. I could not get out of the car but I shook hands with them through the window. Later I learned that many others had also rushed to the scene. An unknown number of netizen friends had expressed support on the Internet and passed on the news. Maybe that is the main reason why we were so quickly released.
On the way back home, a Beijing state security officer complained to me, "If everybody fought with them using your methods, the police would have no way of continuing their work! How many fewer common thieves they'd be able to catch!"
I replied, "If the law-enforcers don't act in accordance with the law, what use are they really to citizens? Police should catch thieves, but can those who 'beat you to death and dig a hole for you' still be called 'police'? If people are fighting each other using my methods, maybe fewer common thieves will be caught, but fewer citizens will be beaten to death in police stations. In which of these two situations are society's losses greater?"
Mr. Teng is a professor of law at China University of Politics and Law
The Challenges China Faces (http://asiasentinel.com/index.php?option=com_content&task=view&id=2892&Itemid=422) By John Berthelsen | Asia Sentinel
China�s Attitude toward Hard Power and Soft Power (http://www.brookings.edu/opinions/2010/12_china_soft_power_jia.aspx) By Qingguo Jia | Peking University
Computing set to bolster China's industrial prowess (http://search.japantimes.co.jp/cgi-bin/eo20101227a1.html) Sentaku Magazine
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axp817
03-26 03:38 PM
If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll
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.
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.
more...
OLDMONK
07-08 09:06 PM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
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rvr_jcop
03-26 09:13 PM
If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).
Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.
Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.
Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.
Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.
more...
ns33
07-13 12:20 AM
Great Job - Thanks for taking initiative... everyone please pitch in.
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learning01
02-01 09:02 PM
Please give me a link to what you refer, and I will write to Lou-foul mouth. Also, I request you to wirte and update status.
It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:
It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:
more...
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yabadaba
08-11 08:24 AM
http://www.flcdatacenter.com/CaseH1B.aspx
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
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JunRN
06-05 10:25 PM
I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
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dixie
11-11 10:04 PM
Lou can rant all he likes; the reality is his ideology and attempts to stir up the public came to nought at the polls. I think the general american public recognises Lou's propaganda for what it is - a populist ratings game. The fact that anti-CIR lawmakers/minutemen lost in even red states like arizona and Indiana is telling. Note that many moderate, pro-CIR republicans won in those very same states; it is mostly the lou-style conservatives who are licking their wounds.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
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bobzibub
04-07 11:56 AM
One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.
If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.
It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.
If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?
Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.
Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.
If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.
It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.
If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?
Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.
Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.
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pani_6
07-14 08:13 PM
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
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santb1975
10-01 01:30 AM
I am
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
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raysaikat
07-13 11:23 AM
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
gimme_GC2006
03-23 11:31 AM
looks like your case have been picked up for random check.......Do you have US masters degree?
No..I dont have a US masters degree.
Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..
My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..
So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D
Anyway thanks to you and chandu for respoding :)
No..I dont have a US masters degree.
Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..
My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..
So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D
Anyway thanks to you and chandu for respoding :)
delax
07-13 12:33 PM
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.