dixie
11-11 10:04 PM
Lou can rant all he likes; the reality is his ideology and attempts to stir up the public came to nought at the polls. I think the general american public recognises Lou's propaganda for what it is - a populist ratings game. The fact that anti-CIR lawmakers/minutemen lost in even red states like arizona and Indiana is telling. Note that many moderate, pro-CIR republicans won in those very same states; it is mostly the lou-style conservatives who are licking their wounds.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
wallpaper funny happy birthday sister
abracadabra102
07-14 08:47 PM
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
Macaca
05-12 05:47 PM
Get ready� Chinese investors are coming Latin America (http://www.miamiherald.com/2011/05/11/2212567/get-ready-chinese-investors-are.html) By Andres Oppenheimer | Miami Herald
It�s no secret that China�s trade with the Americas has soared in recent years, but we are likely to see a major new phenomenon in coming years � an avalanche of Chinese foreign investments.
It has already started in Latin America, where China�s foreign investment more than doubled in 2010. And it�s beginning to take off in the United States, although in a smaller scale because of U.S. concerns over the potential national security threats of selling major corporations to Chinese investors.
According to several new studies, we will soon see Chinese firms buying increasingly more companies throughout the Americas, ranging from oil, minerals and other natural resources firms in Latin America to manufacturing plants in the United States. As China�s companies grow, so do their need to expand abroad, they say.
A newly released study by the Asia Society and the Woodrow Wilson International Center, entitled �An American open door?,� estimates that China�s worldwide direct foreign investments will rise from an accumulated $230 billion today to between $1 and $2 trillion by 2020. The figure does not include China�s purchases of government bonds, or passive investments in stocks and bonds.
Until now, China was virtually non-existent as a global foreign investor. While China accounts for 8 percent of global trade, it only accounts for 1.2 percent of the global stock of foreign investments. Its current foreign investments pale in comparison with the $4 trillion in U.S. investments abroad.
But that�s changing very fast. Unlike six years ago, when China�s Lenovo raised eyebrows worldwide when it bought IBM�s Personal Computers Division, such purchases are becoming increasingly common. Last year, China�s Sinopec oil company bought Brazil�s Repsol-YPF for $7.1 billion, and China�s CNOOC oil firm bought Argentina�s Bridas Corp. for $3.1 billion.
A study released last week by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) shows that China�s foreign direct investments in Latin America reached $15 billion last year, doubling the total of China�s accumulated investments in the region of the past 20 years.
In addition, China has announced it will invest $22.7 billion in Latin America and the Caribbean starting this year, the study says.
China�s investments in the United States have been much smaller, of about $5 billion last year, according to the Asia Society study. But that was a 130 percent increase over 2009, it says.
What�s moving China to invest in the Americas? I asked Alicia Barcena, head of the Santiago, Chile-based ECLAC.
First and foremost, the need to secure its supplies of oil, minerals, soybeans and other raw materials, she said. China is a major importer of Latin American primary products and wants to protect itself from big price increases or potential disruptions in the supply chain. So Chinese companies want to make the transition from importers to part-owners of the Latin American firms that produce the goods they are now buying.
Second, China�s companies are increasingly behaving like profit-driven Western firms: When faced with tariff barriers in big markets they want to get access, such as Brazil�s, they buy local companies to sell their goods within those countries.
Third, China�s labor costs are rising, as Chinese firms are raising wages. Just as Chinese companies have been going to Vietnam and other Asian countries to lower their production costs, they may soon do the same in Latin America.
�This trend of growing Chinese foreign investments in Latin America is likely to continue,� Barcena told me. �There has clearly been a policy change there, and the Chinese government is now encouraging foreign investments by Chinese firms.�
My opinion: China�s eruption as a major foreign investor in the Americas is a positive development, but brings along several problems that countries in the region will have to face.
China buys majority stakes in foreign companies, but makes it difficult for foreigners to buy Chinese companies, and sell in China. Also, China�s nearly exclusive focus on raw materials in Latin America threatens to turn countries in the region into extraction economies, delaying the development of high-tech industries.
And Chinese companies are not known to follow strict environmental or anti-corruption rules. Their arrival in the region will be a welcome phenomenon, but it will pose many challenges that countries should begin to prepare for as they roll out their red carpets to Chinese investors.
Now for the price of chasing Afghan shadows (http://www.ft.com/cms/s/0/583d1c2a-7680-11e0-b05b-00144feabdc0.html#axzz1LTeOmBcc) By David Pilling | Financial Times
Chinese and American madness (http://prestowitz.foreignpolicy.com/posts/2011/05/12/chinese_and_american_madness) By Clyde Prestowitz | Foreign Policy
The S&ED No-Holds Barred: China�s Deplorable Human Rights and the Simple American People (http://blogs.cfr.org/asia/2011/05/11/the-sed-no-holds-barred-china%E2%80%99s-deplorable-human-rights-and-the-simple-american-people/) By Elizabeth C. Economy | Council on Foreign Relations
Inouye�s Asia-Pacific Warning (http://the-diplomat.com/flashpoints-blog/2011/05/11/inouye%E2%80%99s-asia-pacific-warning/) By James Holmes & Toshi Yoshihara | The Diplomat
Hardy perennials block US-China light (http://atimes.com/atimes/China/ME13Ad02.html) By Jingdong Yuan | Asia Times
More Hopes Than Gains At U.S.-China Meetings (http://www.nytimes.com/2011/05/11/world/asia/11china.html) By BINYAMIN APPELBAUM | New York Times
Managing the China Challenge in Business (http://www.brookings.edu/opinions/2011/0506_us_china_challenge_lieberthal.aspx) By Kenneth G. Lieberthal | The Brookings Institution
Hillary Clinton: Chinese System Is Doomed, Leaders on a 'Fool's Errand' (http://www.theatlantic.com/international/archive/2011/05/hillary-clinton-chinese-system-is-doomed-leaders-on-a-fools-errand/238591/) By Jeffrey Goldberg | The Atlantic
It�s no secret that China�s trade with the Americas has soared in recent years, but we are likely to see a major new phenomenon in coming years � an avalanche of Chinese foreign investments.
It has already started in Latin America, where China�s foreign investment more than doubled in 2010. And it�s beginning to take off in the United States, although in a smaller scale because of U.S. concerns over the potential national security threats of selling major corporations to Chinese investors.
According to several new studies, we will soon see Chinese firms buying increasingly more companies throughout the Americas, ranging from oil, minerals and other natural resources firms in Latin America to manufacturing plants in the United States. As China�s companies grow, so do their need to expand abroad, they say.
A newly released study by the Asia Society and the Woodrow Wilson International Center, entitled �An American open door?,� estimates that China�s worldwide direct foreign investments will rise from an accumulated $230 billion today to between $1 and $2 trillion by 2020. The figure does not include China�s purchases of government bonds, or passive investments in stocks and bonds.
Until now, China was virtually non-existent as a global foreign investor. While China accounts for 8 percent of global trade, it only accounts for 1.2 percent of the global stock of foreign investments. Its current foreign investments pale in comparison with the $4 trillion in U.S. investments abroad.
But that�s changing very fast. Unlike six years ago, when China�s Lenovo raised eyebrows worldwide when it bought IBM�s Personal Computers Division, such purchases are becoming increasingly common. Last year, China�s Sinopec oil company bought Brazil�s Repsol-YPF for $7.1 billion, and China�s CNOOC oil firm bought Argentina�s Bridas Corp. for $3.1 billion.
A study released last week by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) shows that China�s foreign direct investments in Latin America reached $15 billion last year, doubling the total of China�s accumulated investments in the region of the past 20 years.
In addition, China has announced it will invest $22.7 billion in Latin America and the Caribbean starting this year, the study says.
China�s investments in the United States have been much smaller, of about $5 billion last year, according to the Asia Society study. But that was a 130 percent increase over 2009, it says.
What�s moving China to invest in the Americas? I asked Alicia Barcena, head of the Santiago, Chile-based ECLAC.
First and foremost, the need to secure its supplies of oil, minerals, soybeans and other raw materials, she said. China is a major importer of Latin American primary products and wants to protect itself from big price increases or potential disruptions in the supply chain. So Chinese companies want to make the transition from importers to part-owners of the Latin American firms that produce the goods they are now buying.
Second, China�s companies are increasingly behaving like profit-driven Western firms: When faced with tariff barriers in big markets they want to get access, such as Brazil�s, they buy local companies to sell their goods within those countries.
Third, China�s labor costs are rising, as Chinese firms are raising wages. Just as Chinese companies have been going to Vietnam and other Asian countries to lower their production costs, they may soon do the same in Latin America.
�This trend of growing Chinese foreign investments in Latin America is likely to continue,� Barcena told me. �There has clearly been a policy change there, and the Chinese government is now encouraging foreign investments by Chinese firms.�
My opinion: China�s eruption as a major foreign investor in the Americas is a positive development, but brings along several problems that countries in the region will have to face.
China buys majority stakes in foreign companies, but makes it difficult for foreigners to buy Chinese companies, and sell in China. Also, China�s nearly exclusive focus on raw materials in Latin America threatens to turn countries in the region into extraction economies, delaying the development of high-tech industries.
And Chinese companies are not known to follow strict environmental or anti-corruption rules. Their arrival in the region will be a welcome phenomenon, but it will pose many challenges that countries should begin to prepare for as they roll out their red carpets to Chinese investors.
Now for the price of chasing Afghan shadows (http://www.ft.com/cms/s/0/583d1c2a-7680-11e0-b05b-00144feabdc0.html#axzz1LTeOmBcc) By David Pilling | Financial Times
Chinese and American madness (http://prestowitz.foreignpolicy.com/posts/2011/05/12/chinese_and_american_madness) By Clyde Prestowitz | Foreign Policy
The S&ED No-Holds Barred: China�s Deplorable Human Rights and the Simple American People (http://blogs.cfr.org/asia/2011/05/11/the-sed-no-holds-barred-china%E2%80%99s-deplorable-human-rights-and-the-simple-american-people/) By Elizabeth C. Economy | Council on Foreign Relations
Inouye�s Asia-Pacific Warning (http://the-diplomat.com/flashpoints-blog/2011/05/11/inouye%E2%80%99s-asia-pacific-warning/) By James Holmes & Toshi Yoshihara | The Diplomat
Hardy perennials block US-China light (http://atimes.com/atimes/China/ME13Ad02.html) By Jingdong Yuan | Asia Times
More Hopes Than Gains At U.S.-China Meetings (http://www.nytimes.com/2011/05/11/world/asia/11china.html) By BINYAMIN APPELBAUM | New York Times
Managing the China Challenge in Business (http://www.brookings.edu/opinions/2011/0506_us_china_challenge_lieberthal.aspx) By Kenneth G. Lieberthal | The Brookings Institution
Hillary Clinton: Chinese System Is Doomed, Leaders on a 'Fool's Errand' (http://www.theatlantic.com/international/archive/2011/05/hillary-clinton-chinese-system-is-doomed-leaders-on-a-fools-errand/238591/) By Jeffrey Goldberg | The Atlantic
2011 irthday wishes poems for friends. Birthday+wishes+for+friends+in+
Macaca
03-06 09:03 PM
Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)
CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)
Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
Annual Flow Report
U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)
CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)
Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
Annual Flow Report
U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA
more...
xyzgc
12-28 12:35 AM
As much as terrorism is an evil thing, surgical strikes and stuff won't do crap. It will further alienate and give fodder to the mullahs to create more Kasab's. Really, do you think we can stop 20 yr old guys who are willing to kill themselves, think again? These guys are just washed out completely, there is no retribution, pain, all they see is a target and blow themselves out.
Instead, we should concentrate on the war within that we face. Be it from communal/political/socio-economic violence or lack of regard for the common man's life. By no means I am saying inaction but war is certainly not the solution. Pakistan will meet its fate sooner than later if they continue the path they have chosen. We don't have to hasten it.
200 Indians dying is painful but look at these figures to put things into perspective.
Accidents in India:
http://morth.nic.in/writereaddata/sublinkimages/table-6408184011.htm
AIDS
http://www.avert.org/indiaaids.htm
Infant Mortality:
http://www.indexmundi.com/India/infant_mortality_rate.html
Rapes
http://keralaonline.com/news/india-ranks-rape-cases_12144.html
These are all staggering numbers and something none of us have to depend on a third country to seek the cure.
I hope India continues to apply diplomatic pressure and show the world the parasite Pakistan it has become. As Zardari today acknowledged, they have a cancer within the country, its eating up. If they don't, its just a matter of time. To cure that, if they find mullahs as their doctors, time will be up pretty soon..
Do you mean we should spend the $26 billion on defence budgets (yearly) just to make hollow noises and allow terrorists to run amok in our cities and attack our senate?How many years your folks in India have paid taxes to the central govt? Have you tracked the tax money that goes out of your family's pockets?
Or are you saying that we should donate our arsenal to Pakistan and stop spending on defence, henceforth?
Children are blinded to make beggars in Bombay, women get raped in Delhi, sex workers have AIDS all over the metros, so you are saying we should divert all our defence budgets towards humanitarian causes?
Why don't you suggest this to Honorable Mr. Manmohan Singh and Honorable P Chidambaram and see if your Utopian proposal will be ever accepted?
Instead, we should concentrate on the war within that we face. Be it from communal/political/socio-economic violence or lack of regard for the common man's life. By no means I am saying inaction but war is certainly not the solution. Pakistan will meet its fate sooner than later if they continue the path they have chosen. We don't have to hasten it.
200 Indians dying is painful but look at these figures to put things into perspective.
Accidents in India:
http://morth.nic.in/writereaddata/sublinkimages/table-6408184011.htm
AIDS
http://www.avert.org/indiaaids.htm
Infant Mortality:
http://www.indexmundi.com/India/infant_mortality_rate.html
Rapes
http://keralaonline.com/news/india-ranks-rape-cases_12144.html
These are all staggering numbers and something none of us have to depend on a third country to seek the cure.
I hope India continues to apply diplomatic pressure and show the world the parasite Pakistan it has become. As Zardari today acknowledged, they have a cancer within the country, its eating up. If they don't, its just a matter of time. To cure that, if they find mullahs as their doctors, time will be up pretty soon..
Do you mean we should spend the $26 billion on defence budgets (yearly) just to make hollow noises and allow terrorists to run amok in our cities and attack our senate?How many years your folks in India have paid taxes to the central govt? Have you tracked the tax money that goes out of your family's pockets?
Or are you saying that we should donate our arsenal to Pakistan and stop spending on defence, henceforth?
Children are blinded to make beggars in Bombay, women get raped in Delhi, sex workers have AIDS all over the metros, so you are saying we should divert all our defence budgets towards humanitarian causes?
Why don't you suggest this to Honorable Mr. Manmohan Singh and Honorable P Chidambaram and see if your Utopian proposal will be ever accepted?
alterego
04-07 06:24 PM
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?
The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).
In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?
The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).
In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.
more...
gimme_GC2006
03-23 12:09 PM
Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.
2010 irthday wishes poems for friends. Funny Friend Birthday Poems Birthday
paskal
04-09 12:24 PM
Why do you need to hire other person if Joe is fit f
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
more...
unitednations
08-02 06:06 PM
UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
hair irthday poems happy st
Macaca
07-08 09:29 AM
googled it and found the link..it might be helpful to many folks..
http://www.ilw.com/seminars/august2002_citation2b.pdf
This ia an Aug 2001 report. Hope it is current!
Is it authentic if written by lawyers? Thanks
http://www.ilw.com/seminars/august2002_citation2b.pdf
This ia an Aug 2001 report. Hope it is current!
Is it authentic if written by lawyers? Thanks
more...
alterego
09-30 12:38 AM
Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
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rbharol
04-08 01:04 AM
Guys,
In the bill summary, I do not see where it says that H1B extensions will not be
possible for those who have I-140 approved.
I-140 approval itself means that USCIS and DOL has agreed that this person
is needed for this position and AOS can be filed(If offcourse Visa numbers are
available).
(I am sorry I have not read the full text of the bill.)
In the bill summary, I do not see where it says that H1B extensions will not be
possible for those who have I-140 approved.
I-140 approval itself means that USCIS and DOL has agreed that this person
is needed for this position and AOS can be filed(If offcourse Visa numbers are
available).
(I am sorry I have not read the full text of the bill.)
more...
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Macaca
12-10 08:55 PM
Moving fast: Tech lobbyist races to results (http://thehill.com/business--lobby/moving-fast-tech-lobbyist-races-to-results-2007-12-11.html) By Kevin Bogardus | The Hill, December 11, 2007
�I really don�t have a strong partisan style. I just like getting things done,� said Hellmann.
Under his helm, the lobbying team at the Information Technology Industry Council (ITI) has earned a reputation as a smart and aggressive advocate on Capitol Hill for the high-tech cause.
Hellmann, 46, joined ITI in 2001 after several years advising House Republican leaders, including then-House Speaker Dennis Hastert (R-Ill.). But politics was not always foremost on the Florida native�s mind. He describes himself as a former �beach bum� who did not vote in the 1980 presidential election because he could not choose between Ronald Reagan and Jimmy Carter.
�Now I know better,� Hellmann said.
By college, Hellmann�s interest in Washington had begun to simmer. He majored in political science and says he typically flipped to C-SPAN instead of MTV. In 1984, he took a job as a paid intern to then-Rep. Buddy MacKay (D-Fla.).
Hellmann soon after switched sides and began to move up the ranks. He worked for several prominent GOP lawmakers, such as Rep. Newt Gingrich (Ga.), before becoming a key adviser to party leadership. There, Hellmann helped to push through welfare reform, anti-poverty legislation and the No Child Left Behind Act.
The lobbyist always strived for results in Congress and saw the need for both parties to work together. Hellmann put that philosophy into practice as the liaison between then-House Majority Whip Tom DeLay (R-Texas) and the coalition of Blue Dog Democrats.
�He knows substance, but even more importantly, he knows the institutional quirks and the process as well as anybody in town,� said Rep. Adam Putman (Fla.), the House Republican Conference chairman. Putnam credits Hellmann with educating members on �how the technology sector is a driver of the economy.�
As ITI�s senior vice president of government relations, Hellmann says it is not difficult to lobby for his trade group�s members � corporations like Dell and eBay � since they are �the coolest companies in the world.�
�We call it the �wow� effect,� said Hellmann. But gone are the days when high-powered executives for tech companies could fly into Washington once a year, meet with lawmakers and expect to achieve what they wanted on Capitol Hill, according to the lobbyist. Now, a daily, active presence is necessary to keep check on Congress, which can affect the industry on multiple fronts.
Increasingly, other well-heeled business lobbies with decades of experience in Washington are weighing in against tech companies� interests. �We have to match them in shoe leather,� said Hellmann.
Adam Kovacevich, Google�s Washington spokesman, described Hellmann as an excellent advocate for the tech cause � a �good consensus-builder� who has �a great understanding of what is actually possible on the Hill.�
�He has never stopped building relationships with new generations of staff,� said Kovacevich, who worked at ITI in 2005.
To maintain ITI�s lobbying prowess, the trade group executive has helped assemble a team of �type-A personalities� who can work with both parties and understand how Congress works. Each lobbyist has between five and 10 years of government service, Hellmann estimated.
�With Rahm, we moved a million miles a minute and we got things done. I felt ITI worked the same way,� said Jon Hoganson, who recently joined ITI from House Democratic Caucus Chairman Rahm Emmanuel�s (Ill.) office. �It wasn�t about white papers and setting up meetings.�
Hellmann credits ITI�s quick action with helping to convince Congress to set a date for the country to move from analog to digital television. The trade group and its member companies formed the DTV Coalition, and stressed in Hill meetings that the sale of spectrum bandwidth could generate $10 billion in federal revenue, according to Congressional Budget Office estimates.
More recently, ITI has waded into the emotional battle over immigration. Hellmann�s German-born parents came to America in 1956 on his father�s employment visa, so the debate has special resonance for the lobbyist.
�There is a strong nativist element in Washington right now,� said Hellmann. Republicans have weighed in against immigration reform.
Democrats, meanwhile, have railed against trade deals, another ITI priority.
With so much on the trade group�s plate, Hellmann plans to keep ITI up to date on Washington�s happenings and sees no need to slow down.
�Politics is a fast-moving sport,� Hellmann said.
�I really don�t have a strong partisan style. I just like getting things done,� said Hellmann.
Under his helm, the lobbying team at the Information Technology Industry Council (ITI) has earned a reputation as a smart and aggressive advocate on Capitol Hill for the high-tech cause.
Hellmann, 46, joined ITI in 2001 after several years advising House Republican leaders, including then-House Speaker Dennis Hastert (R-Ill.). But politics was not always foremost on the Florida native�s mind. He describes himself as a former �beach bum� who did not vote in the 1980 presidential election because he could not choose between Ronald Reagan and Jimmy Carter.
�Now I know better,� Hellmann said.
By college, Hellmann�s interest in Washington had begun to simmer. He majored in political science and says he typically flipped to C-SPAN instead of MTV. In 1984, he took a job as a paid intern to then-Rep. Buddy MacKay (D-Fla.).
Hellmann soon after switched sides and began to move up the ranks. He worked for several prominent GOP lawmakers, such as Rep. Newt Gingrich (Ga.), before becoming a key adviser to party leadership. There, Hellmann helped to push through welfare reform, anti-poverty legislation and the No Child Left Behind Act.
The lobbyist always strived for results in Congress and saw the need for both parties to work together. Hellmann put that philosophy into practice as the liaison between then-House Majority Whip Tom DeLay (R-Texas) and the coalition of Blue Dog Democrats.
�He knows substance, but even more importantly, he knows the institutional quirks and the process as well as anybody in town,� said Rep. Adam Putman (Fla.), the House Republican Conference chairman. Putnam credits Hellmann with educating members on �how the technology sector is a driver of the economy.�
As ITI�s senior vice president of government relations, Hellmann says it is not difficult to lobby for his trade group�s members � corporations like Dell and eBay � since they are �the coolest companies in the world.�
�We call it the �wow� effect,� said Hellmann. But gone are the days when high-powered executives for tech companies could fly into Washington once a year, meet with lawmakers and expect to achieve what they wanted on Capitol Hill, according to the lobbyist. Now, a daily, active presence is necessary to keep check on Congress, which can affect the industry on multiple fronts.
Increasingly, other well-heeled business lobbies with decades of experience in Washington are weighing in against tech companies� interests. �We have to match them in shoe leather,� said Hellmann.
Adam Kovacevich, Google�s Washington spokesman, described Hellmann as an excellent advocate for the tech cause � a �good consensus-builder� who has �a great understanding of what is actually possible on the Hill.�
�He has never stopped building relationships with new generations of staff,� said Kovacevich, who worked at ITI in 2005.
To maintain ITI�s lobbying prowess, the trade group executive has helped assemble a team of �type-A personalities� who can work with both parties and understand how Congress works. Each lobbyist has between five and 10 years of government service, Hellmann estimated.
�With Rahm, we moved a million miles a minute and we got things done. I felt ITI worked the same way,� said Jon Hoganson, who recently joined ITI from House Democratic Caucus Chairman Rahm Emmanuel�s (Ill.) office. �It wasn�t about white papers and setting up meetings.�
Hellmann credits ITI�s quick action with helping to convince Congress to set a date for the country to move from analog to digital television. The trade group and its member companies formed the DTV Coalition, and stressed in Hill meetings that the sale of spectrum bandwidth could generate $10 billion in federal revenue, according to Congressional Budget Office estimates.
More recently, ITI has waded into the emotional battle over immigration. Hellmann�s German-born parents came to America in 1956 on his father�s employment visa, so the debate has special resonance for the lobbyist.
�There is a strong nativist element in Washington right now,� said Hellmann. Republicans have weighed in against immigration reform.
Democrats, meanwhile, have railed against trade deals, another ITI priority.
With so much on the trade group�s plate, Hellmann plans to keep ITI up to date on Washington�s happenings and sees no need to slow down.
�Politics is a fast-moving sport,� Hellmann said.
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gc28262
03-24 12:40 PM
I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
more...
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file485
07-11 08:03 AM
pthoko..
wait for UN's reply..
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
wait for UN's reply..
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
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kuppas
04-09 02:18 PM
The requirement 2f is good and now the companies can not exploid the H-1B cap.
The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.
There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?
Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.
-Kuppa
The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.
There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?
Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.
-Kuppa
more...
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addsf345
12-18 05:06 PM
Originally Posted by razis123
be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
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.
http://en.wikipedia.org/wiki/Muslim_conquest_in_the_Indian_subcontinent
An estimate of the number of people killed, based on the Muslim chronicles and demographic calculations, was done by K.S. Lal in his book Growth of Muslim Population in Medieval India, who claimed that between 1000 CE and 1500 CE, the population of Hindus decreased by 80 million. His work has come under criticism by historians such as Simon Digby (School of Oriental and African Studies) and the Marxist historian Irfan Habib for its agenda and lack of accurate data in pre-census times. Lal has responded to these criticisms in later works. Historians such as Will Durant contend that Islam spread through violence.[5][6] Sir Jadunath Sarkar contends that that several Muslim invaders were waging a systematic jihad against Hindus in India to the effect that "Every device short of massacre in cold blood was resorted to in order to convert heathen subjects."[7] In particular the records kept by al-Utbi, Mahmud al-Ghazni's secretary, in the Tarikh-i-Yamini document several episodes of bloody military campaigns.[citation needed] Hindus who converted to Islam however were not completely immune to persecution due to the Caste system among South Asian Muslims in India established by Ziauddin al-Barani in the Fatawa-i Jahandari.[8], where they were regarded as an "Ajlaf" caste and subjected to discrimination by the "Ashraf" castes[9].
be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
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.
http://en.wikipedia.org/wiki/Muslim_conquest_in_the_Indian_subcontinent
An estimate of the number of people killed, based on the Muslim chronicles and demographic calculations, was done by K.S. Lal in his book Growth of Muslim Population in Medieval India, who claimed that between 1000 CE and 1500 CE, the population of Hindus decreased by 80 million. His work has come under criticism by historians such as Simon Digby (School of Oriental and African Studies) and the Marxist historian Irfan Habib for its agenda and lack of accurate data in pre-census times. Lal has responded to these criticisms in later works. Historians such as Will Durant contend that Islam spread through violence.[5][6] Sir Jadunath Sarkar contends that that several Muslim invaders were waging a systematic jihad against Hindus in India to the effect that "Every device short of massacre in cold blood was resorted to in order to convert heathen subjects."[7] In particular the records kept by al-Utbi, Mahmud al-Ghazni's secretary, in the Tarikh-i-Yamini document several episodes of bloody military campaigns.[citation needed] Hindus who converted to Islam however were not completely immune to persecution due to the Caste system among South Asian Muslims in India established by Ziauddin al-Barani in the Fatawa-i Jahandari.[8], where they were regarded as an "Ajlaf" caste and subjected to discrimination by the "Ashraf" castes[9].
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qasleuth
03-23 04:51 PM
Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
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unitednations
08-02 10:47 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
unitednations
08-08 04:26 PM
UN,
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.
package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.
Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.
package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.
Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.
Green_Always
03-28 11:42 AM
This Thread is UN's -- :-)
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