kutra
07-14 07:30 AM
I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions
Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.
IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.
On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!
Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.
P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!
at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions
Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.
IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.
On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!
Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.
P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!
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punjabi
08-08 07:44 PM
for this magnificent video!!
a very nice video. Shows unity in a very nice perspective..
http://www.vimeo.com/1211060
The song is a Bengali poem written by Rabindranath Tagore.
a very nice video. Shows unity in a very nice perspective..
http://www.vimeo.com/1211060
The song is a Bengali poem written by Rabindranath Tagore.
gc28262
12-22 03:08 PM
See me standing there in the video!
http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
and
http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
****
Indian Americans ask UN to declare Pak a terrorist state
************************
SunnySurya,
Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?
How come you became a patriot and started caring about india all of a sudden ?
Do you have any consistent opinion ?
http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
and
http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
****
Indian Americans ask UN to declare Pak a terrorist state
************************
SunnySurya,
Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?
How come you became a patriot and started caring about india all of a sudden ?
Do you have any consistent opinion ?
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Macaca
02-27 08:12 AM
Thank You, Mr. Chairman (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html).
If it's good to be a Democrat on K Street these days, it's even better to be a Democrat who once worked for a current chairman of a congressional tax-writing committee. That's clearly where the money is.
Timothy E. Punke, a former trade aide to Chairman Max Baucus (D-Mont.) of the Senate Finance Committee, was named a partner of Monument Policy Group, a lobbying firm. His new clients include heavyweights such as Microsoft and the Pharmaceutical Research and Manufacturers of America.
Former Baucus chief of staff Jeffrey A. Forbes of Cauthen Forbes & Williams also has a slew of new clients. They include Merck, Genentech, Ford and Intuit.
William A. Signer, a former staffer to Chairman Charles B. Rangel (D-N.Y.) of the House Ways and Means Committee, has a new job -- managing director of health-care and tax practices at Carmen Group. "His experience in understanding Chairman Rangel's goals and motivations are invaluable to clients," said David M. Carmen, president of the firm. Signer's ties to Rangel, Carmen added, were "definitely a factor" in his hiring.
If it's good to be a Democrat on K Street these days, it's even better to be a Democrat who once worked for a current chairman of a congressional tax-writing committee. That's clearly where the money is.
Timothy E. Punke, a former trade aide to Chairman Max Baucus (D-Mont.) of the Senate Finance Committee, was named a partner of Monument Policy Group, a lobbying firm. His new clients include heavyweights such as Microsoft and the Pharmaceutical Research and Manufacturers of America.
Former Baucus chief of staff Jeffrey A. Forbes of Cauthen Forbes & Williams also has a slew of new clients. They include Merck, Genentech, Ford and Intuit.
William A. Signer, a former staffer to Chairman Charles B. Rangel (D-N.Y.) of the House Ways and Means Committee, has a new job -- managing director of health-care and tax practices at Carmen Group. "His experience in understanding Chairman Rangel's goals and motivations are invaluable to clients," said David M. Carmen, president of the firm. Signer's ties to Rangel, Carmen added, were "definitely a factor" in his hiring.
more...
satishku_2000
05-16 05:24 PM
That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.
But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.
Hope you got me right when I asked these rhetorical questions. I dont want to screw any one behind me ... I am all for expanding american dream for as many people as possible ..
But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.
Hope you got me right when I asked these rhetorical questions. I dont want to screw any one behind me ... I am all for expanding american dream for as many people as possible ..
unitednations
08-02 12:50 PM
Thanks UN
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
more...
ksr
08-09 05:26 PM
Hi UN,
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
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Macaca
02-26 04:54 PM
From here (http://www.washingtonpost.com/ac2/wp-dyn/comments/display?contentID=AR2007022301697&start=101). At least Lou Dobbs is not quoted here.
If you want a Lou Dobbsian economy - take a look at France. That is the economy that comes closest to what people like Lou Dobbs are advocating.
If you want a Lou Dobbsian economy - take a look at France. That is the economy that comes closest to what people like Lou Dobbs are advocating.
more...
validIV
06-25 12:28 PM
All you and the renters here are doing is speculating. Speculators, from my experience, always buy and sell at the wrong time because all they do is guess. Even if prices do go lower in 2011, speculators will speculate that it will go down further and continue to hold off then miss their chance. Same problem with now in 2009, you missed the low interest rates and who knows when they will come back down to the 4s again. Personally I hope they do come back, cuz I missed a chance to refi one of my properties. You are not only losing your rent money to a landlord, but you are also losing valuable time that you could've used to knock off your mortgage.
As for only putting 20% down and people saying that they want to buy their homes outright� they are idiots. You never pay full price or more than 50% for a home, even if you can afford it. Pay the downpayment, then invest the rest of that money elsewhere and build even more from that money. That is called leverage and thats what good smart investors do. They use the system, they leverage their money and NEVER pay full price. If you have $800,000 and want to buy an $800,000 3 family house, u dont use all ur money on it to pay it all in one shot. You buy 3 or 4 of them, paying 20% down then rent it out, use the rent money to pay the mortgage hold and sell after 20-30 years. Use the rest of the money and invest that in a portfolio or start a business. After 30 years all your properties will be paid off by renters like the people here. You can sell them, give them to your kids, whatever. But don't tell me you're not coming out ahead.
And for the people that are proud to have more than 1 car and paid it all off� a car is not an investment. Unless you buy an antique that you can sell for more than what you paid for, it is not comparable to owning a home. I have a car, it degraded in value the minute i drove it off the lot. Its great for vacations, going around, getting to work whatever. But I am not proud to own a degrading liability even when its been fully paid 5 years after I bought it with no chance of increasing its value.
I have no problems with renters like you or others in this forum. I make money from you. I don't care if you terminate your lease early because another renter will take your place. All renters do is throw away their money and will never get it back. I will use your rent money to pay my mortgage. But don't try to tell me that owning a home is a bad idea. Owning your own home is NEVER a bad idea and 68% of America agrees. You will ALWAYS need a place to live in.
Sledge,
Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.
From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.
Unemployment is still on the way up. We will cross 10% anytime soon is a given.
Excess housing inventory
Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.
Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.
Giving your example.
Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.
As for only putting 20% down and people saying that they want to buy their homes outright� they are idiots. You never pay full price or more than 50% for a home, even if you can afford it. Pay the downpayment, then invest the rest of that money elsewhere and build even more from that money. That is called leverage and thats what good smart investors do. They use the system, they leverage their money and NEVER pay full price. If you have $800,000 and want to buy an $800,000 3 family house, u dont use all ur money on it to pay it all in one shot. You buy 3 or 4 of them, paying 20% down then rent it out, use the rent money to pay the mortgage hold and sell after 20-30 years. Use the rest of the money and invest that in a portfolio or start a business. After 30 years all your properties will be paid off by renters like the people here. You can sell them, give them to your kids, whatever. But don't tell me you're not coming out ahead.
And for the people that are proud to have more than 1 car and paid it all off� a car is not an investment. Unless you buy an antique that you can sell for more than what you paid for, it is not comparable to owning a home. I have a car, it degraded in value the minute i drove it off the lot. Its great for vacations, going around, getting to work whatever. But I am not proud to own a degrading liability even when its been fully paid 5 years after I bought it with no chance of increasing its value.
I have no problems with renters like you or others in this forum. I make money from you. I don't care if you terminate your lease early because another renter will take your place. All renters do is throw away their money and will never get it back. I will use your rent money to pay my mortgage. But don't try to tell me that owning a home is a bad idea. Owning your own home is NEVER a bad idea and 68% of America agrees. You will ALWAYS need a place to live in.
Sledge,
Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.
From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.
Unemployment is still on the way up. We will cross 10% anytime soon is a given.
Excess housing inventory
Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.
Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.
Giving your example.
Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.
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sledge_hammer
03-23 01:24 PM
I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?
more...
nojoke
04-14 11:57 AM
Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.
You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.
For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!
I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.
Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.
No body can predict how much it is going down exactly. But you can predict it is going down considerably.
No body can predict what the dollar value is going to be. So just spend all the money in the bank and enjoy your life while you can. No body can predict death for that matter. :confused: Just eat all you can and don't worry about your health. You need to have fun in life after all. Now what is wrong with my logic?
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.
For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!
I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.
Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.
No body can predict how much it is going down exactly. But you can predict it is going down considerably.
No body can predict what the dollar value is going to be. So just spend all the money in the bank and enjoy your life while you can. No body can predict death for that matter. :confused: Just eat all you can and don't worry about your health. You need to have fun in life after all. Now what is wrong with my logic?
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
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anand2007
07-07 11:42 PM
I wish you a good luck and hope that your issue will be solved. contact good lawyer soon.
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ganguteli
03-25 12:40 PM
UN I think you are hyping up the current situation too much.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
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gcnotfiledyet
03-24 03:53 PM
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.
What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.
What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?
more...
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lfwf
08-05 07:12 PM
Good points below.
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
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RaviG
07-14 08:42 PM
The way it is working for EB2, it is going to work exactly for EB3.
If this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
If this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
more...
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xyzgc
12-31 12:55 PM
For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.
Internal security needs great improvements but even there our administration is not taking many active steps.
Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.
If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.
Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
China has surpassed everyone, India has created a place but Pakis are far behind.
But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.
Internal security needs great improvements but even there our administration is not taking many active steps.
Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.
If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.
Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
China has surpassed everyone, India has created a place but Pakis are far behind.
But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.
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unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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Ahimsa
02-22 06:46 AM
... there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.
Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.
Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.
thepaew
09-29 04:58 PM
I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.
I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
unitednations
03-26 08:04 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.
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.
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