amsgc
07-15 12:01 AM
Pani,
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
wallpaper Californication to stream two
gc_aspirant_prasad
09-26 10:02 AM
I dont consider myself pessimist just a realist. Take a long hard ( cold) look at the facts, try to read in between the lines you will end up being concerned & discouraged just like Chanduv23 and some others on the forum.
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
manub
07-07 09:59 PM
Yes I called all senators from the state and also local representative.Only local representative responded and their office contacted uscis for my EAD.We didnot contact any body for my husband`s petition .we are planning to do so this week.It is at NSC.
2011 Californication
alterego
07-14 04:32 AM
Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.
We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.
You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.
That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.
Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.
We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.
You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.
That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.
Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.
more...
riva2005
04-08 11:43 PM
Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
sk2006
06-06 01:31 AM
.. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I agree.
I agree.
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kaisersose
04-15 02:51 PM
We are mixing too many different aspects of home buying and creating confusion.
We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.
The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.
We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.
The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.
2010 Californication David Duchovny
sledge_hammer
06-05 12:52 PM
First off, a house is really both an investment and a home. I would disagree with anyone that says it is one and not the other.
When you look at a house as an investment, one has to realize that there is a certain risk involved. So unless you are ready to lose some money if you made a bad decision, you should not invest. The most important thing to remember is that "investing" is never a bad decision. But investing w/o analyzing the risk involved is definitely bad. At the cost of sounding like any financial advisor, diversification is the key. Don't put all your eggs in one basket.
1. You do not want to buy a house because the real estate market may collapse.
2. You do not want to invest in stocks because the stock market could go down.
3. You do not want to buy gold because their track record for long term returns is a joke.
4. You do not want to park your money in a savings account because the interest doesn't even beat inflation.
Then what is an average investor to do?
The answer is "diversify" to minimize risk. Each of the above is a solid investment if you know how to play it. We need to invest in house, gold, stocks, bonds, savings account, etc, and be prepared to take a the risk of losing some money in any one.
..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!
LOL.
:D:D:D:D:D:D
When you look at a house as an investment, one has to realize that there is a certain risk involved. So unless you are ready to lose some money if you made a bad decision, you should not invest. The most important thing to remember is that "investing" is never a bad decision. But investing w/o analyzing the risk involved is definitely bad. At the cost of sounding like any financial advisor, diversification is the key. Don't put all your eggs in one basket.
1. You do not want to buy a house because the real estate market may collapse.
2. You do not want to invest in stocks because the stock market could go down.
3. You do not want to buy gold because their track record for long term returns is a joke.
4. You do not want to park your money in a savings account because the interest doesn't even beat inflation.
Then what is an average investor to do?
The answer is "diversify" to minimize risk. Each of the above is a solid investment if you know how to play it. We need to invest in house, gold, stocks, bonds, savings account, etc, and be prepared to take a the risk of losing some money in any one.
..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!
LOL.
:D:D:D:D:D:D
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sagar_nyc
02-22 02:06 PM
I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.
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Marphad
12-30 04:20 PM
I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
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pitha
02-21 04:06 PM
He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.
we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.
Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.
we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.
Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.
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GCOP
08-05 01:57 PM
Friends,
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
more...
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desi3933
08-05 04:55 PM
You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
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Munna Bhai
08-03 06:10 AM
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
Hi United Nation,
If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??
-M
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
Hi United Nation,
If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??
-M
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unitednations
07-09 04:41 PM
Ah!! I see.....I do have the same i94 number on both the I-94s
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
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Pagal
03-24 10:56 AM
Pagal did they ask you too for client contract letters ?
Nop, for me the questions were around tax returns, W-2 and current employment letter. The interview was focused on tax returns and explanation of passive income from a business.
But as I said, I wish this becomes a trend where USCIS starts calling up applicants to get the details they need to decide on the case rather than using paper mail.
Nop, for me the questions were around tax returns, W-2 and current employment letter. The interview was focused on tax returns and explanation of passive income from a business.
But as I said, I wish this becomes a trend where USCIS starts calling up applicants to get the details they need to decide on the case rather than using paper mail.
more...
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gimme_GC2006
04-13 09:36 PM
Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.
hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p
hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p
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rvr_jcop
03-26 08:37 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.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
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.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
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dealsnet
01-07 01:13 PM
Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.
I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)
Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.
I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)
diptam
09-26 02:47 PM
Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
GCKaMaara
12-17 02:40 PM
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
