setpit_gc
08-06 11:36 AM
Rolling Flood,
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
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shuyaib
12-23 05:00 PM
Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:
http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html
.. and simply you are down in mud pool doesnt mean whole world is like you!
http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html
.. and simply you are down in mud pool doesnt mean whole world is like you!
unitednations
03-24 02:47 AM
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
2011 Fox Racing Mens The Super
willwin
07-14 09:03 AM
Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.
I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.
Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.
Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
more...
nojoke
04-06 04:00 PM
It was crazy till last year. Things started going south from this year begining. I am seeing foreclosures and auctions here in bay area. There are price reductions of 100K in the mls listings. This is just starting. It is a matter of time. Some more quotes...
-----------------------------------
“Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”
“‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”
“During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”
-----------------------------------
“Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”
“‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”
“During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”
radhay
04-08 04:16 PM
As many have already suggested, location and time frame you have is the key. If you are in an area where there are more jobs being created and population is growing (parts of TX, NC) you should seriously consider buying if you plan to stay there for atleast 3 yrs.
We are in a period of stagnant income growth for most of the population and increased inflation and hence there is little money left to pay for inflated houses.
We are in a period of stagnant income growth for most of the population and increased inflation and hence there is little money left to pay for inflated houses.
more...
gcwait2007
06-26 11:31 PM
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Hello Hiralalji,
Excellent post. Salute to you!
Thank you once again
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Hello Hiralalji,
Excellent post. Salute to you!
Thank you once again
2010 Fox Racing Sports Image
Berkeleybee
05-17 12:59 PM
Qualified_trash,
We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.
On the issue of what to do about Lou Dobbs:
(1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.
(2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.
On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.
best,
Berkeleybee
We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.
On the issue of what to do about Lou Dobbs:
(1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.
(2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.
On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.
best,
Berkeleybee
more...
delax
07-13 09:43 PM
you did not get my post...last thing we want is silly argument regarding EB2 and EB3................
me neither. Pl read this post of mine:
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
Some people dont seem to get the intent.
Irrational passion calls for dispassionate rationality.
me neither. Pl read this post of mine:
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
Some people dont seem to get the intent.
Irrational passion calls for dispassionate rationality.
hair Fox Racing (Brand)
pitha
09-26 06:49 PM
You are not a citizen, you are not even a green card holder, you and I are H1, and whatever i said is from an h1 point of view. Dont think like a citizen or green card holder, think like a H1b and you will realize obama will roast us. with mccain it might be 4 more years of bush nothing good for eb but definetely nothing bad. The reason behind this thread is not to discuss socialism or capitalism in the general sense but through the lense of eb folks. Once we agree that obama\durbin CIR would spell dooom for us we can decide either
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
more...
gcgreen
08-06 02:16 PM
But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
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gchopes
06-23 12:22 PM
If you are worried about 485 getting denied then -
1. Buy a house now and live in it for 10-15 years and build up equity.
2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
4. But bigger house after GC gets approved OR go back home.
2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.
1. Buy a house now and live in it for 10-15 years and build up equity.
2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
4. But bigger house after GC gets approved OR go back home.
2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.
more...
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dartkid31
05-24 11:18 AM
He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.
Very true. And if anyone is still not convinced, check out this doozy:
http://www.alternet.org/blogs/peek/36625/
All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.
Very true. And if anyone is still not convinced, check out this doozy:
http://www.alternet.org/blogs/peek/36625/
All Lou Dobbs does is promote the agenda of Tom Tancredo, Jeff Sessions, FAIR, NumbersUsa, John Tanton, and our other good friends. And we know where they stand.
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Macaca
03-13 08:29 PM
Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
more...
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bfadlia
01-07 12:55 PM
Guys,
I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.
Please stop these type of discussions. It will only divide us.
I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)
I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.
Please stop these type of discussions. It will only divide us.
I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)
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krishnam70
03-26 08:17 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
more...
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SunnySurya
12-22 04:32 PM
My feeble mind is unable to decipher your point, please explain a sentence a two.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
(another example of the tyranny of the majority against minority) .
Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!
And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
(another example of the tyranny of the majority against minority) .
Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!
And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.
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Sakthisagar
07-28 03:27 PM
Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.
And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.
And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.
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unitednations
03-26 05:51 PM
Does this mean that H1B is also location specific?
There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.
Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.
However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.
There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.
Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.
However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.
Macaca
07-23 07:48 PM
Big Labor flexes its muscles in Congress � with mixed results (http://thehill.com/business--lobby/big-labor-flexes-its-muscles-in-congress--with-mixed-results-2007-07-24.html) By Ian Swanson, July 24, 2007
The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.
They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.
Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.
By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.
�There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�
�I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.
House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.
�The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.
Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�
Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).
Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.
While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.
For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.
In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.
And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.
In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.
Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.
Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.
The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.
Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.
While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.
�For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�
AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.
SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.
For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.
It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�
The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.
While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.
�I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�
The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.
They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.
Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.
By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.
�There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�
�I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.
House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.
�The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.
Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�
Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).
Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.
While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.
For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.
In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.
And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.
In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.
Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.
Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.
The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.
Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.
While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.
�For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�
AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.
SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.
For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.
It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�
The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.
While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.
�I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�
Waitingnvain
01-30 10:24 PM
I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.
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