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  • desi3933
    08-05 03:26 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





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  • unitednations
    03-24 03:23 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.





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  • alisa
    01-03 11:30 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?

    I don't think so.
    I think the current army and civilian leadership in Pakistan does not want to have unfriendly relations with India. Its just that the inertia and the momentum of the past policies is still making an impact today.





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  • delax
    07-14 08:48 AM
    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.

    Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.

    I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.



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  • learning01
    05-24 11:59 AM
    how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.

    And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?

    Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.

    The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.

    Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.

    Americans are simply not enrolling in these high risk, hard work professions. period. QED.
    What say you?
    Folks,





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  • Macaca
    05-01 06:05 PM
    A New Immigration Consensus
    A bipartisan coalition of business leaders and mayors have joined together to make the case that visa reform is an economic imperative. (http://online.wsj.com/article/SB10001424052748703387904576279293334248326.html)
    By MICHAEL R. BLOOMBERG | Wall Street Journal

    Last month, President Obama convened a diverse group of business executives, mayors, law enforcement leaders, ministers and advocates at the White House to discuss a problem that threatens America's economic future�our broken immigration system.

    We've tried before to fix it. President George W. Bush made comprehensive immigration reform a major legislative priority during his second term. Congressional leaders from both parties, including Sens. Ted Kennedy and John McCain, worked tirelessly to pass legislation. But the bill could not garner the required votes. Nor could a much narrower bill, the Dream Act, which would have granted legal status to the children of immigrants who enroll in college or the military.

    These defeats have led to a conventional wisdom in Washington that bipartisan immigration reform is impossible. But a new consensus on immigration reform has emerged in the business community that could break the logjam and provide a much-needed jolt to our economy. The idea is simple: Reform the way we attract and keep talented and hard-working people from abroad to better promote economic growth.

    In the global economy, the countries that attract the world's best, brightest and hardest-working will grow and succeed. Those that refuse them entry will not. America has long understood this. We would not have become a global superpower without opening our doors to immigrants�and we cannot long remain one without continuing that practice. Smart, self-motivated immigrants spur the innovations and create the jobs our economy needs to thrive. Between 1995 and 2005, for example, 25% of high-tech startups in the U.S. had at least one immigrant as a key founder. Those companies alone have created 450,000 jobs�with the vast majority of them going to Americans.

    Our global competitors understand how crucial immigrants are to economic growth. They roll out the red carpet for entrepreneurs; we have no entrepreneur visa. They heavily recruit our advanced-degree students; we educate them and send them home. They woo the engineers, scientists and other skilled professionals who invent new products, launch product lines, and develop the technology of tomorrow; we erect arbitrary, senseless and bureaucratic barriers to recruitment. And we do all this even as our unemployment rate hovers around 9%.

    Although each party claims to have the solution to our country's economic woes, neither has embraced a job-creation strategy based on immigration reform, which would not add a penny to the national debt. To spur them into action, a bipartisan coalition of business leaders and mayors has joined together to make the case that visa reform is an economic imperative. In nine months the Partnership for a New American Economy has grown to more than 200 members, including companies that together employ more than 3.5 million people.

    We believe in the need to secure our borders, make it possible to hold businesses accountable for verifying the status of workers, address the reality that 11 million people are here illegally and cannot be deported en masse�and increase lawful opportunities for those who want to come to this country and contribute to our prosperity. Nevertheless, our nation cannot afford to wait for Washington to get its act together and pass comprehensive immigration reform. There is too much at stake. Our economy demands that we take immediate action on the most urgent�and politically attainable�reform: making it easier for job creators to come and stay here.

    Creating a visa for entrepreneurs who already have funding to start their businesses will lead directly and immediately to American jobs. Visa reforms to improve temporary and permanent pathways for companies to fill the current shortages of engineers, scientists and other specialists�whose annual visa caps are often exhausted within days of becoming available�will spur growth at existing U.S. companies.

    Providing visas to the brightest foreign graduates of our universities will allow our economy to reap the rewards of their work. At the same time, allowing immigrants who succeed in college, or serve in our military, the chance to pursue a career and build their lives here legally will strengthen the long-term health of the American economy.

    Finally, developing a reliable way for employers to hire guest workers�who grow the nation's food, support our $1.3 trillion tourism industry, and fill seasonal gaps across industries�will help support U.S. businesses and create additional, better-paying American jobs.

    Those who focus on where the parties differ on immigration, rather than where they both agree, have paralyzed the debate in Washington for far too long. Despite this deadlock, there is an opportunity for both parties to seize upon the economics of immigration reform and focus on what all Americans agree we need: more jobs. Leaders of both parties talk about creating jobs, but they are ignoring the voices of business leaders who can actually create them�if only Congress would give them the tools.

    Mr. Bloomberg, an independent, is mayor of New York City

    In Arizona, Sheriff Joe Arpaio shrugs off a rough April (http://www.latimes.com/news/nationworld/nation/la-na-arpaio-trouble-20110501,0,3084923.story) By Nicholas Riccardi | Los Angeles Times
    Obama renews call for immigration action in Miami speech (http://www.washingtonpost.com/politics/obama-renews-call-for-immigration-action-in-miami-speech/2011/04/29/AFbdHUHF_story.html) By Perry Bacon Jr. | The Washington Post



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  • kuhelica2000
    12-18 05:38 PM
    For your kind information, Bangladesh is not an Islamic Republic. Nor is Turkey, Malaysia, Indonesia. These are muslim majority countries but not islamic republics. These countries don't even have sharriah law; ironically india has sarriah law.

    [QUOTE=addsf345;306838]by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.





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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.



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  • satishku_2000
    05-16 11:28 PM
    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do � Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define �replacing some American workers�. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn�t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say � from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.



    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.



    Stop bickering in the name of American people. More than 99% Americans don�t even know what is H-1B visa or employment based green card. And one more thing, people�s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? � around 70%
    Do you know the % of �American people� saying that they screwed up by supporting the war in 2002? � 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let�s keep this argument of �American People� out of this debate.



    In free market and capitalist economy, the measure of productivity doesn�t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. And if that is how it works best for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situation but I am not scared of a scenario where someone who can perform a better job, either a citizen or on H-1B, takes my job. But that is ok, your way of thinking is all based on the premises that every one out there is after you and some how you have to eliminate this competition at the soonest.



    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris� underwear - to argue against H-1B and to come extent green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to �not waste my time with idiot like yourself�.
    Like you ass, you keep your views and your opinions with yourself. Don�t poke your ass and your views into a place where they don�t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you think very lowly about yourself. Thus you are scared of the competition
    2.) You are not capable enough or technically sound to compete with other around you. And just like IEEE-USA you are looking for ways to eliminate your future probable competition using words/phrases like �displacement of US workers�.



    I tried to explain this guy Senthil that I already proved in form of permanent labor certificate and I 140 petition that I am not displacing any american worker and why I have to prove the same fact for every renewal and he comes with a logic that GC is for future job and H1b is for current job. But you know what my GC application was filed very well in the past ...:) , I mean more than 3 years ago ...

    Somehow some people think they are better than every one else in the crowd and things dont go wrong for them because they have either a particular degree or work in a so called permanent Job .

    These guys are in more alignment with view of ALIPAC and Numbers USA where people think some elses loss is my gain. Having said that reasonable people disagree these guys are totally unreasonable or they are totally out of touch with reality .

    These guys love Mr Durbin so much who dont see any problem with illegal immigration at all ....I would call this height of hypocrosy.





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  • nogc_noproblem
    08-08 11:46 PM
    Good one!!!

    I thought the first blonde joke was really very funny - Helloooooooo :)



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  • nojoke
    04-15 03:42 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
    The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.





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  • Macaca
    07-08 06:54 PM
    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • GCBatman
    01-06 12:35 PM
    It is very sad but please post it on the relevant site.

    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.





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  • obviously
    08-05 09:41 PM
    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

    While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

    While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

    Go ahead, rant, rave... enjoy your stress... :D

    BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !



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  • chanduv23
    03-24 10:55 AM
    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.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.





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  • vdixit
    12-31 02:06 PM
    No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.





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  • humdesi
    07-08 07:47 PM
    Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.





    pappu
    07-13 08:28 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.





    insbaby
    03-24 09:07 AM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??


    True.

    Most of the answers in this thread point that you need to have a good life when you and your kids are young. Not for people who want to get money out of an investment.

    Also a reply suggests what you can do in worst case.

    Don't count how many days you are going to be in this country, but live every day for you and your family.

    I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?

    They should not end up as "GC" victims.

    I just decided its my responsibility to give them a good living environment when they are young if I can. I dont' care about downpayment. If I was good enough to save the downpayment amount in 4 years, surely I can earn it back in 2 years somewhere in worst case scenario.

    Credit score? Sorry, I already built the score and bought the home, now I have many other things to worry about in life.



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