munnu77
12-18 02:54 PM
Sign of very rare good pakistani journalism:
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
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485Mbe4001
08-05 04:35 PM
Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.
I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
leoindiano
03-24 08:57 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.
Dear Sledge_hammer,
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
Dear Sledge_hammer,
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
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xyzgc
12-22 11:35 PM
Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
more...
Macaca
05-14 06:24 PM
An Increasing Population is a Good Thing. So is Immigration. (http://www.spectator.co.uk/alexmassie/6941654/an-increasing-population-is-a-good-thing-so-is-immigration.thtml) By ALEX MASSIEFRIDAY | Spectator
Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.
Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.
Mr Bridges concludes, darkly:
Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?
Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?
OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!
Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?
So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.
This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.
That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.
Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.
Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?
Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail
Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN
Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner
The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times
Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.
Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.
Mr Bridges concludes, darkly:
Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?
Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?
OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!
Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?
So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.
This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.
That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.
Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.
Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?
Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail
Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN
Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner
The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times
sk2006
06-06 01:31 AM
.. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I agree.
I agree.
more...
unitednations
08-09 02:20 PM
While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.
I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.
I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.
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waitnwatch
08-06 01:40 PM
Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
more...
irock
07-14 02:17 PM
couldn't say it better.
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
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unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
more...
minimalist
08-05 03:37 PM
I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..
If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.
If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.
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sands
08-07 05:25 PM
A couple drove down a country road for several miles, not saying a word.
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
This is hilarious! :)
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
This is hilarious! :)
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prioritydate
01-10 10:24 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
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walking_dude
09-28 08:01 PM
Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.
Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.
Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.
Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.
Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!
Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.
Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.
Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.
Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.
Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!
Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.
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desi3933
07-08 07:38 AM
This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
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unitednations
03-24 07:28 PM
UN,
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
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qplearn
11-15 11:09 AM
This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
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satishku_2000
04-12 01:01 PM
Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.
You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.
I am strictly talking about greencard retrogession here.
You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.
I am strictly talking about greencard retrogession here.
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Macaca
01-28 09:01 AM
Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
anjans
07-14 02:05 PM
guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
conchshell
08-06 10:35 AM
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D
This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D
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