alterego
01-30 04:39 AM
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
When the Dept of labour can process PERM in generally 6-8 weeks or less and the USCIS can offer premium processing of 140 in 2 weeks or less, what the heck is wrong in expecting these large companies and law firms to get up off thier lazy slow procrastinating backsides and file within 45 days?
That said, in the final ruling I suspect they will make some modification to this time frame.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
When the Dept of labour can process PERM in generally 6-8 weeks or less and the USCIS can offer premium processing of 140 in 2 weeks or less, what the heck is wrong in expecting these large companies and law firms to get up off thier lazy slow procrastinating backsides and file within 45 days?
That said, in the final ruling I suspect they will make some modification to this time frame.
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logiclife
02-01 01:04 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
chanduv23
07-19 10:24 AM
We would be happy to know from core that your expenses have been reimbursed. I am sure, Jwalant, Himanshu, Prsatik etc.. all have contributed apart from Aman.
Offcourse the time spent cannot be reimbursed, but definitely money can. Its wrong on part that one has to shed so much money.
Offcourse the time spent cannot be reimbursed, but definitely money can. Its wrong on part that one has to shed so much money.
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qasleuth
04-27 07:22 PM
Can somebody please post a link to the 'original' H-1B Employer Application Requirements document from USICS (not interim docs) ?
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gc_on_demand
06-15 10:55 AM
^^^^^
bsnf
07-15 09:31 PM
Done
more...
logiclife
02-01 01:04 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
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americandesi
07-27 06:21 PM
My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
Can anyone please answer this question?
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
Can anyone please answer this question?
more...
StuckInTheMuck
04-28 07:21 AM
is 2, 3, 4, 5 important for citizenship?
As I said in the preface of the list, the bigger objective here is to take certain steps, including proper documentation (e.g. points 2, 3, 4 and 5), in order to maintain PR status. Besides, you never know what documents you would be asked to produce, given that the citizenship process involves more extensive background checks than the GC process. Also, having a log of exit/entry details (point #5) should help quickly fill out Part 7 of the citizenship form (http://www.uscis.gov/files/form/N-400.pdf).
Added to Wiki here After GC Dos and Donts (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
Thanks a bunch, coopheal. As I keep updating the list (based on feedbacks from subsequent posts), is there an easy way to update the Wiki page too?
Never mind, I managed to update it myself.
As I said in the preface of the list, the bigger objective here is to take certain steps, including proper documentation (e.g. points 2, 3, 4 and 5), in order to maintain PR status. Besides, you never know what documents you would be asked to produce, given that the citizenship process involves more extensive background checks than the GC process. Also, having a log of exit/entry details (point #5) should help quickly fill out Part 7 of the citizenship form (http://www.uscis.gov/files/form/N-400.pdf).
Added to Wiki here After GC Dos and Donts (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
Thanks a bunch, coopheal. As I keep updating the list (based on feedbacks from subsequent posts), is there an easy way to update the Wiki page too?
Never mind, I managed to update it myself.
hair Exam Cheaters Funny Picture
rb_248
04-27 11:16 PM
Back in the days there was a campaign launched by Govt of India to plant more trees.....the slogan was "plant one tree for every house". A wise guy was prompt to ask the govt... "give me a house, I will plant a tree". Likewise, give me the GC, I will definitely follow the rules.
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WeShallOvercome
07-12 12:25 PM
This is pure speculation on my part, but if CIS is returning visa numbers and there are now some visas available, it seems like it would make more sense for DOS to just make the returned visas available in the August bulletin, rather than flip flop on July once again.
I think that is what they will do in order not to look like fools.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
I think that is what they will do in order not to look like fools.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
hot Funny Exam Answer 4
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arunmohan
02-13 02:56 PM
Hello:
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
more...
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485Mbe4001
07-20 11:28 AM
There is a R2i or return to india forum on msn groups. they have a finance thread that discusses the finanacial aspects of returning to india and other finance related issues. You will find all your answers there.
guys - i want to start a new forum on 401K ..
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you
guys - i want to start a new forum on 401K ..
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you
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wikipedia_fan
03-31 12:55 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Thanks for the clarification. I wish my issue gets resolved soon :)
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Thanks for the clarification. I wish my issue gets resolved soon :)
more...
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zigma
04-19 02:55 PM
Net Income is calculated after expenses (such as administrative and Salaries) have been deducted.
Net Income = Gross Income - Expenses
It is on Net income that the company pays taxes.
A company does not pay anyone from their net income. This is the profit.
Net Income = Gross Income - Expenses
It is on Net income that the company pays taxes.
A company does not pay anyone from their net income. This is the profit.
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number30
04-28 12:43 PM
With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):
LIST of DO's :
1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)
2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).
3. Retain all employment-related documents, particularly original copies of appointment letters.
4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).
5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.
6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.
7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).
8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels (I do not know what it means though). Note: AFAIK, this is also not required, and besides, you should have the chance to do this while applying for citizenship.
9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).
10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).
11. Continue to inform USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).
12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.
13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
LIST of DONOT's :
1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.
2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.
3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (But, as InTheMoment points out below, the issue becomes moot if you invoke AC21.)
4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.
Thanks to the folks below whose inputs keep the list growing.
Cheers,
Stuck(no more)InTheMuck
Just One more in DOs.
File AR-11 whenever you move.
LIST of DO's :
1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)
2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).
3. Retain all employment-related documents, particularly original copies of appointment letters.
4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).
5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.
6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.
7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).
8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels (I do not know what it means though). Note: AFAIK, this is also not required, and besides, you should have the chance to do this while applying for citizenship.
9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).
10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).
11. Continue to inform USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).
12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.
13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
LIST of DONOT's :
1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.
2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.
3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (But, as InTheMoment points out below, the issue becomes moot if you invoke AC21.)
4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.
Thanks to the folks below whose inputs keep the list growing.
Cheers,
Stuck(no more)InTheMuck
Just One more in DOs.
File AR-11 whenever you move.
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makeup 10 Funny Exam Answers
reddy2cool
10-03 11:31 AM
Read again. I did not call the consultants sleazy. Also, I did not generalize them. My support is followed in the second line.
To me, this statement does not really deliver anything substantial or meaningful. Can you please reiterate?
Again, this statement does not serve as a counter-argument because this is a fictional scenario and does not hold importance here.
This is not an argument about accounting principles. Even if I tie your statement to my points, it does not compute. I am against labeling and generalizing EB-3 and I said that in my post. Please read my post again.
What's the message here, man? I mean seriously. Are you supporting malpractices or are you just confused?
Thanks for encouraging criminal acts in a very desperate manner.
Yes you called sleazy consultants..check your stmnt.
Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.
A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)
My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.
Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.
Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast. Check for your reputation here i think it says some thing.
To me, this statement does not really deliver anything substantial or meaningful. Can you please reiterate?
Again, this statement does not serve as a counter-argument because this is a fictional scenario and does not hold importance here.
This is not an argument about accounting principles. Even if I tie your statement to my points, it does not compute. I am against labeling and generalizing EB-3 and I said that in my post. Please read my post again.
What's the message here, man? I mean seriously. Are you supporting malpractices or are you just confused?
Thanks for encouraging criminal acts in a very desperate manner.
Yes you called sleazy consultants..check your stmnt.
Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.
A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)
My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.
Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.
Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast. Check for your reputation here i think it says some thing.
girlfriend Funny Exam Frustrations
gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
hairstyles Funny Exam Answers
lacrossegc
12-02 01:26 AM
Sadly, your ambitions are noble, but its a cruel world out there ... we can give a guestimate ... but no estimate ....and that too just to throw off the other side either way ... either to think that we are way ahead or to think that we are waaaaaaay behind ..... let them wrack their brains and use a calculator and some of their not-so-cheap-labor-math skills to find out where we are at for a change
.... you have to be couple of steps ahead ... always .... thats the way we ALL got here in the first place :)
Maybe I am being naive. But we are not a political organization. I sure do hope we are not. We should be open, clear and precise about our goals and our funding sources/drives. Frankly our opponents pump in millions of dollars into their effort. Maybe one of these days we can compete with them monetarily. But all I know is they can get millions of dollars but not 25000 committed members.
Hence IMHO we disclose our goals. We disclose our costs up front. We have nothing to hide.
.... you have to be couple of steps ahead ... always .... thats the way we ALL got here in the first place :)
Maybe I am being naive. But we are not a political organization. I sure do hope we are not. We should be open, clear and precise about our goals and our funding sources/drives. Frankly our opponents pump in millions of dollars into their effort. Maybe one of these days we can compete with them monetarily. But all I know is they can get millions of dollars but not 25000 committed members.
Hence IMHO we disclose our goals. We disclose our costs up front. We have nothing to hide.
sathishav
04-18 02:54 PM
This is what my attorney told me:
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
Humhongekamyab
07-02 03:08 PM
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
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