Tito_ortiz
01-03 03:06 PM
Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
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BMS
07-10 07:01 PM
My situation goes something like this.
1) I got 7th year extension in Sep 2005
2) Visited India and got stamped and got new I-94 on return.
3) Applied for 8th year extension without submitting new I-94.
but applied with old replacement I-94 came with I-797.
4) So the same I-94 continued on subsequent I-797 extensions.
5) Recently applied for 9th year extension with the same.
My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
All these years I have the same employer.
I appreciate your help on this.
Thanks
-BMS
1) I got 7th year extension in Sep 2005
2) Visited India and got stamped and got new I-94 on return.
3) Applied for 8th year extension without submitting new I-94.
but applied with old replacement I-94 came with I-797.
4) So the same I-94 continued on subsequent I-797 extensions.
5) Recently applied for 9th year extension with the same.
My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
All these years I have the same employer.
I appreciate your help on this.
Thanks
-BMS
SunnySurya
08-05 12:12 PM
With all due respect, just because few people don't like it is no reasons for getting this thread closed..
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.
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kevinkris
02-18 04:22 PM
Hi Macaca,
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
more...
mallu
01-28 02:46 PM
Why should anybody listen to this guy? This guy doesnt really represent the facts.
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".
nk2006
09-29 05:10 PM
Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
more...
waitnwatch
08-05 03:32 PM
If that's the law then there is not much of a debate here!
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
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desi3933
08-06 09:33 AM
Rolling floods,
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
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sanju
04-08 09:07 AM
of course not....
The provision defeats the purpose of whole whistle blower clause...
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
The provision defeats the purpose of whole whistle blower clause...
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
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sdrblr
03-23 11:57 AM
I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.
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cygent
10-03 12:48 PM
Excellent post dtekkedil
You reiterate exactly what I have in my mind
My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.
You reiterate exactly what I have in my mind
My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.
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gaz
01-10 06:48 AM
Killing of innocents is always terrible. Even more so when it is children.
Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.
Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
helping the wounded in Gaza.
"when Elephants fight, its the grass that suffers."
I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.
Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.
Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.
When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.
So collateral is always in play.
:D
Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.
Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
helping the wounded in Gaza.
"when Elephants fight, its the grass that suffers."
I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.
Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.
Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.
When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.
So collateral is always in play.
:D
more...
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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?
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DallasBlue
07-10 01:37 AM
simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
more...
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StuckInTheMuck
08-07 10:31 AM
Some actual bumper stickers:
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
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sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
more...
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akred
04-06 08:51 PM
This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?
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rockstart
07-14 02:11 PM
vdlrao's figues tell the story
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.
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Macaca
05-11 05:34 PM
Catching Scent of Revolution, China Moves to Snip Jasmine (http://www.nytimes.com/2011/05/11/world/asia/11jasmine.html) By ANDREW JACOBS and JONATHAN ANSFIELD | New York Times
Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.
Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.
Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.
Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.
Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.
Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�
Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.
Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)
Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.
In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.
Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.
Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.
As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.
Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:
A beautiful jasmine flower,
A beautiful jasmine flower,
Perfumed blossoms fill the branch,
Fragrant and white for everyone�s delight.
Let me come and pick a blossom
To give to someone,
Jasmine flower, oh jasmine flower.
US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
Fire and Ice
Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
By Jed Perl | The New Republic
The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times
Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.
Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.
Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.
Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.
Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.
Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�
Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.
Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)
Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.
In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.
Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.
Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.
As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.
Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:
A beautiful jasmine flower,
A beautiful jasmine flower,
Perfumed blossoms fill the branch,
Fragrant and white for everyone�s delight.
Let me come and pick a blossom
To give to someone,
Jasmine flower, oh jasmine flower.
US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
Fire and Ice
Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
By Jed Perl | The New Republic
The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times
Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
krishnam70
03-26 07:10 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
