xu1
08-11 04:20 PM
Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at space.com. more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.
Dobbs is an entertainment business whore, not a journalist or economist. nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..
I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.
Dobbs is an entertainment business whore, not a journalist or economist. nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..
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pappu
07-13 11:37 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
bfadlia
01-09 04:26 PM
This is the simple logic everybody tried to convey to Refugee_now in 15 pages of this thread. But he don't understand or don't want to !!!!
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
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anandrajesh
03-23 11:11 PM
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.
Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.
Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.
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akela_topchi
01-09 06:20 PM
Unfortunately, Islamic fundamentalists are pushing the world so hard that it is impossible not to react forcefully. India is really trying hard to restrain, but how long a country would allow it's civilian population to be killed by mercenaries? It's just a shame that Islamo-fascists celebrate when their forces (be it hamas or any other terror group) kill civilians around the world... and they seek sympathy when their fighters face the retaliation.
When hundreds of innocents were massacred in Mumbai in the name of Islamic jihad were there any protests in Arab countries? Similarly when Al-Qaeda attacked WTC and killed innocents, thousands of Arabs were in fact celebrating in streets. When hamas was launching rockets on Israel were there any protests in Islamic world?
This time Israel will teach a good lesson to it's adversary and it will buy a few years of peace. US safeguarded itself and then attacked 9/11 suspects (terrorists and countries) and since then it was not attacked.
India has never been tough on terror so it has been and it would continue to be a victim. Thousands of Indians died because our government failed to provide internal security and fitting response to those who are staging attacks on India.
Today so many countries are under threat from jihadi elements. These elements are mushrooming around the world, and they are hiding and plotting to kill civilians for jihad and revenge.
Many in civilized world think that terrorists would understand language of peace. But unfortunately the terrorists understand just one language - that of force... Their ultimate aim is to die fighting for jihad, so until this ideology and its followers are wiped out they will continue to attack us.
See when India was doing Peace talks with Pakistanis, they were training fighters to massacre Indians:
http://www.mid-day.com/news/2008/dec/101208-Mumbai-Terror-attack-Mohd-Amir-Qasab-Taj-Mahal-Hotel-Trident-Hotel-Cst-station.htm
When hundreds of innocents were massacred in Mumbai in the name of Islamic jihad were there any protests in Arab countries? Similarly when Al-Qaeda attacked WTC and killed innocents, thousands of Arabs were in fact celebrating in streets. When hamas was launching rockets on Israel were there any protests in Islamic world?
This time Israel will teach a good lesson to it's adversary and it will buy a few years of peace. US safeguarded itself and then attacked 9/11 suspects (terrorists and countries) and since then it was not attacked.
India has never been tough on terror so it has been and it would continue to be a victim. Thousands of Indians died because our government failed to provide internal security and fitting response to those who are staging attacks on India.
Today so many countries are under threat from jihadi elements. These elements are mushrooming around the world, and they are hiding and plotting to kill civilians for jihad and revenge.
Many in civilized world think that terrorists would understand language of peace. But unfortunately the terrorists understand just one language - that of force... Their ultimate aim is to die fighting for jihad, so until this ideology and its followers are wiped out they will continue to attack us.
See when India was doing Peace talks with Pakistanis, they were training fighters to massacre Indians:
http://www.mid-day.com/news/2008/dec/101208-Mumbai-Terror-attack-Mohd-Amir-Qasab-Taj-Mahal-Hotel-Trident-Hotel-Cst-station.htm
chanduv23
03-24 02:48 PM
Unitednations,
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.
It is our visibility and vulnerability that puts focus on us.
Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.
It is our visibility and vulnerability that puts focus on us.
Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
more...
Macaca
02-22 11:39 AM
Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.
The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.
Please post fact based opinions at non-IV forums.
The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.
Please post fact based opinions at non-IV forums.
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sledge_hammer
03-24 03:49 PM
No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.
BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.
Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.
Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.
BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.
Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.
Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.
more...
langagadu
12-26 11:29 PM
I would say india should start war and move every a** out of POK.
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
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unitednations
08-02 06:09 PM
Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
Thanks
Yes.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
Thanks
Yes.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
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USDream2Dust
06-06 10:24 PM
Yourself? or people who already bought houses or are planniing to buy houses.
Anyway. No offense but there are choices in life.
1. Work for small company or big company.
2. Job or do business
3. Use AC21 or not
4. Do contracting or full time
5. Come to US or stay in your country.
6. Buy house before GC or not
7. Invest in stock vs Money Market
.
.
blah blah and blah
We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.
Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.
The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.
Any way. Good analysis.
Thanks,
USDream2Dust
Anyway. No offense but there are choices in life.
1. Work for small company or big company.
2. Job or do business
3. Use AC21 or not
4. Do contracting or full time
5. Come to US or stay in your country.
6. Buy house before GC or not
7. Invest in stock vs Money Market
.
.
blah blah and blah
We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.
Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.
The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.
Any way. Good analysis.
Thanks,
USDream2Dust
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akred
06-20 12:22 PM
2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
Yes, but you do not have to buy it within the US.
Yes, but you do not have to buy it within the US.
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sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
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dixie
11-11 10:04 PM
Lou can rant all he likes; the reality is his ideology and attempts to stir up the public came to nought at the polls. I think the general american public recognises Lou's propaganda for what it is - a populist ratings game. The fact that anti-CIR lawmakers/minutemen lost in even red states like arizona and Indiana is telling. Note that many moderate, pro-CIR republicans won in those very same states; it is mostly the lou-style conservatives who are licking their wounds.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
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qplearn
11-15 11:09 AM
This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
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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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DSJ
05-16 12:08 PM
This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
girlfriend Jennifer Lopez amp; Gwen Stefani
texcan
08-05 04:09 PM
ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....
Don't worry too much about GC...it would ruin your life if you think a lot about it.
We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.
So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.
just my thoughts :)
good stuff,
thanks
Don't worry too much about GC...it would ruin your life if you think a lot about it.
We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.
So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.
just my thoughts :)
good stuff,
thanks
hairstyles Jennifer Lopez
Rolling_Flood
08-05 07:23 AM
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
akred
04-07 03:09 PM
Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
shanti
08-11 01:59 PM
http://www.h1b.info/lca_job_list.php?name=CNN+AMERICA+INC&company=cnn&city=&state=&year=ALL
Nice to send to Lou :)
Nice to send to Lou :)
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