Tuesday, June 28, 2011

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  • waitnwatch
    08-06 01:49 PM
    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)

    ........ RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.





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  • unitednations
    07-08 04:47 PM
    thanks UN..

    we don't mean to bug you..!!

    but sometimes these r so scary..it feels we r better off being illegal in this country..

    all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

    btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

    pls post..


    Unlawful presence; overstaying i-94 card and not filing a timely extension before expiry of non immigrant status. Very serious issue; especially if someone overstays y more then six months.

    Out of status; legally here (unexpired I-94 card) but not complying with terms and conditions of the I-94 card.

    In both situations; everything is wiped out upon exit and re-entry. However; if someone has unlawful presence of more then six months then it is fatal if you leave as the 3 and 10 year bars apply to re-entry.





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  • StuckInTheMuck
    08-08 04:40 PM
    Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."

    "Well," says the big alligator, "What have you been eating?"

    "Immigration attorneys, same as you," replies the small alligator.

    "Hm. Well, where do you catch 'em?"

    "Down at that law firm on the edge of the swamp."

    "Same here. Hm. How do you catch 'em?"

    "Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"

    "Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."





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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.



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  • PD_Dec2002
    07-07 10:01 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    So you got called for an interview?

    Thanks,
    Jayant





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.



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  • xyzgc
    12-24 03:01 PM
    I heard about Prithvi Raj killing Ghori and it's called Shbda Bhedi Bana Vidya.
    They say that Prithvi raj knew Shabda Bhedi vidya.

    Correct, that's what the legend says. However the point here is that the bad practice of insulting Prithviraj by making tourists and visitors step on his grave is still followed in Afghanistan!

    Worst part, it were the Afghans who attacked Pakistan, although I'm sure Pakis will say it was Indians who attacked Afghanistan just as they said Hindu fundamentalists attacked Mumbai!:D
    I'm sometimes amazed how much a religion can drive a person crazy! It will make people believe anything.

    An interesting bit of history about Chauhans.
    http://en.wikipedia.org/wiki/Chauhan
    In India, Chauhans are predominantly Hindu. In, Pakistan Chauhans are virtually all Muslim. The tribe and descendants of Prithvi Raj Chauhan were captured by Shahab ud din Ghori, while travelling through salt range on way to Afghanistan on night Gakhars of region attacked and killed the Ghori warrior and Chohans escaped to the hills and converted to Islam. The descendants of Chohan are found in Chakwal region and salt range.
    Chauhan Rajputs also converted to Sikhism though most of them call themselve Jatts now but they have common heritage with Chauhan Rajputs.Most of them are from Yamuna Nagar, Ambala district from Haryana.





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  • abracadabra102
    12-27 10:46 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    LOL. and we know the kinda quality to expect :-)



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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them





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  • milind70
    08-03 09:22 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

    This is really a grey area, as per the field manual visa's issued by consulate/embassies less than a year are verified or checked. Less than a year is because the dept of states purges data a year old thats why less than a year time frame they send the copy to consulate for checks . But the grey area I am talking about is ,lets say i applied for 485 in july 2007 and i got my H1 stamped in sept 2006 by the time my case is processed it will be most probably oct 2007 (liek data fed in etc) now in oct 2007 when they process the checks DOS would have purged the data ,so in turn when they process your checks yourr visa issuance date shoudl be over a year as the consulates and embassies wil purge data one year old. I am talking about normal cases where visa stamping is very straight forward ,revalidation or extension etc.



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  • Macaca
    12-30 07:20 PM
    In Mumbai, a Place to Showcase an Art Collection (http://www.nytimes.com/2010/12/30/greathomesanddestinations/30gh-location.html) By AMANA FONTANELLA-KHAN | New York Times

    At Ashiesh Shah’s housewarming party in November, amid clinking champagne flutes, one of his friends joked that his apartment is actually an art gallery in disguise. Looking at the sculpture of a two-foot-long baby made of material from a spinnaker by the Canadian artist Max Streicher suspended above the staircase, any guest to his home might agree.

    Mr. Shah, 32, began collecting art in his 20s when he was still getting his start as an architect. Now he designs interiors for many of the city’s Bollywood actors. But up until last year, he had never had his own space to design. He was living with his parents in an apartment on Mumbai’s scenic Marine Drive.

    It was struggle to find the right space to showcase his art collection in a dense city with soaring real estate prices. “My art is not only two dimensional, it also takes up floor space and in a city like Mumbai, floor space can be just as expensive as art,” Mr. Shah said.

    He looked at more than 40 apartments over seven months, before settling on the one he bought in October 2009, a dark apartment subdivided into several small, boxy rooms in a five-story concrete structure built in the 1960s.

    The 1,075-square-foot apartment was nearly 41 million rupees (about $900,000 at 45 rupees to the dollar) average for an apartment on Peddar Road, a busy arterial in south Mumbai in the affluent Altamount neighborhood. His neighbors include some of his clients, as well as Mukesh Ambani, a business magnate who built a $1 billion 27-story building home, and industrialists like Kumar Mangalam Birla, the chairman of the Aditya Birla Group.

    It took over a year and around 5 million rupees ($110,000) to convert the space from a two-bedroom cramped duplex to an airy one-bedroom studio. Knocking down a total of nine walls, Mr. Sha said, “gave me freedom to place art pieces in a fluid, open space.”

    Still, it wasn’t enough square footage to showcase all of his collection at the same time. As a result, he created a small storage room for pieces not on display, which he rotates into the apartment about every six months. “It means that the art never gets static,” he said.

    But with limited space were opportunities for functional pieces to have artistic elements, as is the case for his staircase. Mr. Shah had initially planned to turn the steps — carved from a solid cube of white Indian marble — into drawers for additional storage, but they were too small. He converted them into what he calls “curious steps” instead. “I am planning to give them out to artists in the future to make commissioned miniature art for them,” he said.

    Other features, such as a partition panel that pulls out from a wall in the living room, have dual functionality, serving as a projection screen for video art and creating a sectioned-off viewing area.

    White epoxy flooring — “Which took three tries to get right,” he says — and white walls on the main floor help create an illusion of greater perceived space, as well as a neutral background for his art collection.

    Mr. Shah also added whimsical elements to “give the flat an element of play,” he said. In the guest bathroom, a light projector positioned above the sink creates pronounced shadows on the walls when people wash their hands. “Guests end up spending those five seconds more in the bathroom and think, ‘That was fun,’ ” Mr. Shah said. He placed a sculpture of obstetric forceps by the Indian artist Anita Dube next to the floating baby that hangs above his stairs.

    Pointing to an antique couch, which he upholstered using a vintage Rajasthani carpet, Mr. Shah said that he made sure the red design motif in the center of the carpet was positioned to resemble a pair of lips.

    “Did you notice that?” he asked. “I did that because this is my gossip couch.”



    Taking on the world (http://timesofindia.indiatimes.com/home/opinion/edit-page/Taking-on-the-world/articleshow/7192176.cms) Times of India Editorial
    Delhi plans Tate Modern-style gallery in old power station
    Ambitious project in Indian capital involves dismantling parts of the Indraprastha power plant beside banks of Yamuna river (http://www.guardian.co.uk/world/2010/dec/28/india-delhi-power-plant-project)
    By Jason Burke
    Delhi to build its own Tate Modern on banks of Yamuna (http://www.telegraph.co.uk/culture/art/art-news/8228523/Delhi-to-build-its-own-Tate-Modern-on-banks-of-Yamuna.html) By Barney Henderson | Daily Telegraph
    Indian Citibank 'fraudster' arrested (http://www.bbc.co.uk/news/world-south-asia-12092058) BBC





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  • meg_z
    08-06 09:53 AM
    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.

    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.



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  • mpadapa
    09-30 04:07 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf





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  • pitha
    01-28 09:57 AM
    lou dobbs is not a reporter, dont get confused. He is an opinion dispenser. Just like Rush Limbaug, Sean Hanity, Glen Beck etc. But either ways he is after us in immigration.



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  • NKR
    04-14 11:39 AM
    Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.



    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.





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  • qasleuth
    03-25 04:05 PM
    Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .


    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.



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  • waitnwatch
    05-24 12:17 PM
    Did the brownback amendment pass with the CIR?

    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............





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  • vdixit
    03-26 03:15 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?
    Cheers.





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  • leoindiano
    03-23 11:03 AM
    looks like your case have been picked up for random check.......Do you have US masters degree?





    Rolling_Flood
    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...





    Eternal_Hope
    03-29 09:15 AM
    I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,

    He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,

    Where does he get this number when anual quota is only 65K, can some one verify this

    I have seen him do this earlier also. I think he adds the dependants too. So, what he is saying is that with every H-1B comes 5 or 6 dependants!!!!



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