SunnySurya
08-05 03:57 PM
You have rekindled my interest. I am not a lawyer but have been in a job that required reading contracts and legal matters. Your points made me think that we may have some case here. So if you are intersted we could take some legal opinion. If four or five people can join then we can share the cost for the initial consultation.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
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akela_topchi
01-09 06:20 PM
Unfortunately, Islamic fundamentalists are pushing the world so hard that it is impossible not to react forcefully. India is really trying hard to restrain, but how long a country would allow it's civilian population to be killed by mercenaries? It's just a shame that Islamo-fascists celebrate when their forces (be it hamas or any other terror group) kill civilians around the world... and they seek sympathy when their fighters face the retaliation.
When hundreds of innocents were massacred in Mumbai in the name of Islamic jihad were there any protests in Arab countries? Similarly when Al-Qaeda attacked WTC and killed innocents, thousands of Arabs were in fact celebrating in streets. When hamas was launching rockets on Israel were there any protests in Islamic world?
This time Israel will teach a good lesson to it's adversary and it will buy a few years of peace. US safeguarded itself and then attacked 9/11 suspects (terrorists and countries) and since then it was not attacked.
India has never been tough on terror so it has been and it would continue to be a victim. Thousands of Indians died because our government failed to provide internal security and fitting response to those who are staging attacks on India.
Today so many countries are under threat from jihadi elements. These elements are mushrooming around the world, and they are hiding and plotting to kill civilians for jihad and revenge.
Many in civilized world think that terrorists would understand language of peace. But unfortunately the terrorists understand just one language - that of force... Their ultimate aim is to die fighting for jihad, so until this ideology and its followers are wiped out they will continue to attack us.
See when India was doing Peace talks with Pakistanis, they were training fighters to massacre Indians:
http://www.mid-day.com/news/2008/dec/101208-Mumbai-Terror-attack-Mohd-Amir-Qasab-Taj-Mahal-Hotel-Trident-Hotel-Cst-station.htm
When hundreds of innocents were massacred in Mumbai in the name of Islamic jihad were there any protests in Arab countries? Similarly when Al-Qaeda attacked WTC and killed innocents, thousands of Arabs were in fact celebrating in streets. When hamas was launching rockets on Israel were there any protests in Islamic world?
This time Israel will teach a good lesson to it's adversary and it will buy a few years of peace. US safeguarded itself and then attacked 9/11 suspects (terrorists and countries) and since then it was not attacked.
India has never been tough on terror so it has been and it would continue to be a victim. Thousands of Indians died because our government failed to provide internal security and fitting response to those who are staging attacks on India.
Today so many countries are under threat from jihadi elements. These elements are mushrooming around the world, and they are hiding and plotting to kill civilians for jihad and revenge.
Many in civilized world think that terrorists would understand language of peace. But unfortunately the terrorists understand just one language - that of force... Their ultimate aim is to die fighting for jihad, so until this ideology and its followers are wiped out they will continue to attack us.
See when India was doing Peace talks with Pakistanis, they were training fighters to massacre Indians:
http://www.mid-day.com/news/2008/dec/101208-Mumbai-Terror-attack-Mohd-Amir-Qasab-Taj-Mahal-Hotel-Trident-Hotel-Cst-station.htm
gc28262
03-24 12:40 PM
I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
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mihird
07-15 04:34 PM
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.
I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..
Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...
I think, it is long due..
Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.
I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..
Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...
I think, it is long due..
more...
javadeveloper
08-03 08:58 PM
Hi Unitednations,
My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??
Thanks in advance
My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??
Thanks in advance
hopefulgc
07-13 09:56 PM
eligibility comes for having gained the requisite experience in another job.. not the current one.
One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
more...
SunnySurya
08-05 03:17 PM
Don't remember exactly, I can look into the wording of the law but I think
post bachelor 5 year experience for EB2 is a law and not Memo.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
post bachelor 5 year experience for EB2 is a law and not Memo.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
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StuckInTheMuck
08-05 02:13 PM
Dick Cheney walks into the Oval Office and sees The President whooping and hollering.
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
more...
jonty_11
07-13 11:28 PM
Great one -
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..
i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..
i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.
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rockstart
03-23 12:19 PM
If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.
thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.
thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.
more...
Macaca
05-30 05:31 PM
In China, Crime Is Kept Quiet, Except on TV
The country remains safe by Western standards, but crime is more common and data are scarce (http://online.wsj.com/article/SB10001424052702304520804576349181022278452.html)
By JAMES T. AREDDY | Wall Street Journal
Last June, hours after her students went home, Sunny Shi, the principal at a kindergarten in Shanghai's Pudong district, was bludgeoned to death in her office. The suspect was another school employee.
Officially, it was as if the murder never happened. Not a word was reported publicly by Shanghai police or local media. As talk circulated among parents, the school's administrators offered trauma counseling but requested their silence. "Now the case is under police investigation," the chief administrator said by email, and "we regret that we cannot provide any details."
The treatment of this case was not unusual. All across China, authorities are thought to hush up episodes like Ms. Shi's killing, which explains in large part why no one knows how much crime occurs in the world's most populous nation. But few doubt that crime is increasing as economic growth divides rich from poor and China permits more personal mobility.
"In the era of Mao, China was known as a virtually crime-free society," says Steven F. Messner, a University of Albany sociology professor who studies criminality. "To get rich is glorious" is the philosophy today, he added, "but there would be a darker side in terms of crime."
China's national crime statistics show a sharp escalation in cases over the past decade, led in particular by non-violent larceny, like bicycle theft and purse snatching. But, as in the U.S., the official numbers also point to steep declines in violent crime, with the murder rate dropping by half between 2000 and 2009.
Experts consider China's crime statistics both problematic and politicized. They also generally agree that the country remains safe by Western standards. Dark streets don't imply danger here.
Evidence abounds, however, that the Communist Party leadership's ideal of a "harmonious society" remains a target, not the reality. In China's growing cities, aluminum bars over windows and doors make most apartments resemble jails. Homeowners are snapping up security devices like cameras and alarms.
Anxious about kidnapping, China's newly wealthy often drive bullet-proof Land Rovers and hire kung fu masters from Shaolin Temple as security agents.
Television contributes a fear factor with real-crime shows modeled on "America's Most Wanted" and "Cops." China Central Television says its law-and-order channel grabs more viewers than its sports stations. Every day, CCTV's one-hour documentary "Legal Report" follows detectives as they crack sensational abduction, extortion and robbery cases.
Its coverage of a spate of apparently random attacks on seven women this year in Hebei province, for instance, featured the nighttime capture of 23-year-old Zhang Yunshuai. His foldable knife decorated with a butterfly was shown as evidence. He was led to a subsequent interview wearing a reflective orange prison vest and cuffed at the wrists and ankles, where he tilted his shaved head and muttered, "because women break my heart."
Shorter installments drew on security cameras that captured a thief shielding his pilfering hand beneath a menu in a crowded Beijing restaurant and thugs casing hotel lobbies for handbags.
On these true-life crime shows, "the man" consistently finds his perp. A popular notion holds that the censors permit these shows about China's criminal underworld because they allow the leadership to demonstrate how the pervasive surveillance of the government equates to swift justice.
Canadian Debra O'Brien got an up-close look at China's criminal justice system after her 22-year-old daughter Diana was stabbed to death three years ago in Shanghai, a bombshell case just weeks before the start of the 2008 Olympics. Authorities quickly won a confession from Chen Jun, a penniless 18-year-old migrant from rural Anhui province. Mr. Chen admitted he struggled with the aspiring model during his bungled attempt to burgle her apartment, located steps from a tea shop that recently fired him.
Ms. O'Brien left impressed. She received extensive briefings by senior police and personal copies of forensic photos. The judge even sought her opinion about a death sentence for Mr. Chen. She had a face-to-face with the apologetic killer.
"It was all shocking and horrific, but everything was done really respectfully and transparently," Ms. O'Brien said by telephone. "You don't feel there is a lot of ego going on. People are doing their jobs."
But the public wasn't offered many details. Ms. O'Brien herself admits she isn't sure of what happened to Mr. Chen but believes he became eligible for release two months ago. Mr. Chen's lawyer says he is serving life.
Pi Yijun, a professor of criminal justice at China University of Political Science and Law in Beijing, says that he sees crime rising and getting more violent, which he attributes to anger and frustration among society's have-nots. "The accepted mindset seems, 'fists are more powerful than reason,'" he said.
But in a rare 2004 survey of crime victimization, centered on the northern city Tianjin, the University of Albany's Mr. Messner found that few people were touched personally by crimes worse than a stolen bicycle. He credits traditional features of Chinese society. "You still have a much more communitarian orientation than the extreme individualism you see in the U.S.," he said.
China Clamps Down in Bid to Halt Protests in Inner Mongolia (http://online.wsj.com/article/SB10001424052702304563104576353353518093630.html) By BRIAN SPEGELE | Wall Street Journal
China tries to avert Inner Mongolia protests (http://www.latimes.com/news/nationworld/world/la-fg-china-mongolia-protests-20110530,0,3895402.story) By Barbara Demick | Los Angeles Times
The China Story Darkens (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3223&Itemid=422) By Philip Bowring | Asia Sentinel
Once Again, U.S. Finds China Isn�t Manipulating Its Currency (http://www.nytimes.com/2011/05/28/business/global/28currency.html) By BINYAMIN APPELBAUM | The New York Times
The country remains safe by Western standards, but crime is more common and data are scarce (http://online.wsj.com/article/SB10001424052702304520804576349181022278452.html)
By JAMES T. AREDDY | Wall Street Journal
Last June, hours after her students went home, Sunny Shi, the principal at a kindergarten in Shanghai's Pudong district, was bludgeoned to death in her office. The suspect was another school employee.
Officially, it was as if the murder never happened. Not a word was reported publicly by Shanghai police or local media. As talk circulated among parents, the school's administrators offered trauma counseling but requested their silence. "Now the case is under police investigation," the chief administrator said by email, and "we regret that we cannot provide any details."
The treatment of this case was not unusual. All across China, authorities are thought to hush up episodes like Ms. Shi's killing, which explains in large part why no one knows how much crime occurs in the world's most populous nation. But few doubt that crime is increasing as economic growth divides rich from poor and China permits more personal mobility.
"In the era of Mao, China was known as a virtually crime-free society," says Steven F. Messner, a University of Albany sociology professor who studies criminality. "To get rich is glorious" is the philosophy today, he added, "but there would be a darker side in terms of crime."
China's national crime statistics show a sharp escalation in cases over the past decade, led in particular by non-violent larceny, like bicycle theft and purse snatching. But, as in the U.S., the official numbers also point to steep declines in violent crime, with the murder rate dropping by half between 2000 and 2009.
Experts consider China's crime statistics both problematic and politicized. They also generally agree that the country remains safe by Western standards. Dark streets don't imply danger here.
Evidence abounds, however, that the Communist Party leadership's ideal of a "harmonious society" remains a target, not the reality. In China's growing cities, aluminum bars over windows and doors make most apartments resemble jails. Homeowners are snapping up security devices like cameras and alarms.
Anxious about kidnapping, China's newly wealthy often drive bullet-proof Land Rovers and hire kung fu masters from Shaolin Temple as security agents.
Television contributes a fear factor with real-crime shows modeled on "America's Most Wanted" and "Cops." China Central Television says its law-and-order channel grabs more viewers than its sports stations. Every day, CCTV's one-hour documentary "Legal Report" follows detectives as they crack sensational abduction, extortion and robbery cases.
Its coverage of a spate of apparently random attacks on seven women this year in Hebei province, for instance, featured the nighttime capture of 23-year-old Zhang Yunshuai. His foldable knife decorated with a butterfly was shown as evidence. He was led to a subsequent interview wearing a reflective orange prison vest and cuffed at the wrists and ankles, where he tilted his shaved head and muttered, "because women break my heart."
Shorter installments drew on security cameras that captured a thief shielding his pilfering hand beneath a menu in a crowded Beijing restaurant and thugs casing hotel lobbies for handbags.
On these true-life crime shows, "the man" consistently finds his perp. A popular notion holds that the censors permit these shows about China's criminal underworld because they allow the leadership to demonstrate how the pervasive surveillance of the government equates to swift justice.
Canadian Debra O'Brien got an up-close look at China's criminal justice system after her 22-year-old daughter Diana was stabbed to death three years ago in Shanghai, a bombshell case just weeks before the start of the 2008 Olympics. Authorities quickly won a confession from Chen Jun, a penniless 18-year-old migrant from rural Anhui province. Mr. Chen admitted he struggled with the aspiring model during his bungled attempt to burgle her apartment, located steps from a tea shop that recently fired him.
Ms. O'Brien left impressed. She received extensive briefings by senior police and personal copies of forensic photos. The judge even sought her opinion about a death sentence for Mr. Chen. She had a face-to-face with the apologetic killer.
"It was all shocking and horrific, but everything was done really respectfully and transparently," Ms. O'Brien said by telephone. "You don't feel there is a lot of ego going on. People are doing their jobs."
But the public wasn't offered many details. Ms. O'Brien herself admits she isn't sure of what happened to Mr. Chen but believes he became eligible for release two months ago. Mr. Chen's lawyer says he is serving life.
Pi Yijun, a professor of criminal justice at China University of Political Science and Law in Beijing, says that he sees crime rising and getting more violent, which he attributes to anger and frustration among society's have-nots. "The accepted mindset seems, 'fists are more powerful than reason,'" he said.
But in a rare 2004 survey of crime victimization, centered on the northern city Tianjin, the University of Albany's Mr. Messner found that few people were touched personally by crimes worse than a stolen bicycle. He credits traditional features of Chinese society. "You still have a much more communitarian orientation than the extreme individualism you see in the U.S.," he said.
China Clamps Down in Bid to Halt Protests in Inner Mongolia (http://online.wsj.com/article/SB10001424052702304563104576353353518093630.html) By BRIAN SPEGELE | Wall Street Journal
China tries to avert Inner Mongolia protests (http://www.latimes.com/news/nationworld/world/la-fg-china-mongolia-protests-20110530,0,3895402.story) By Barbara Demick | Los Angeles Times
The China Story Darkens (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3223&Itemid=422) By Philip Bowring | Asia Sentinel
Once Again, U.S. Finds China Isn�t Manipulating Its Currency (http://www.nytimes.com/2011/05/28/business/global/28currency.html) By BINYAMIN APPELBAUM | The New York Times
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OLDMONK
07-08 09:06 PM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
more...
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diptam
08-05 11:13 AM
By now , we know very well who you are !! Because you ran away when peoples asked you real questions.
To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?
Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....
As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !
Good bye !
Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.
To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?
Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....
As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !
Good bye !
Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.
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gc28262
07-13 10:45 AM
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
more...
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rimzhim
02-02 01:23 PM
this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
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GCA
08-05 02:11 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..
more...
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dartkid31
05-24 01:58 PM
That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.
Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.
I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.
Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.
I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.
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ArkBird
01-06 05:26 PM
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?
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shanti
08-11 01:59 PM
http://www.h1b.info/lca_job_list.php?name=CNN+AMERICA+INC&company=cnn&city=&state=&year=ALL
Nice to send to Lou :)
Nice to send to Lou :)
axp817
03-26 05:20 PM
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
Macaca
02-17 02:35 PM
American Immigration Control Foundation (AICF (http://www.aicfoundation.com/))
Americans for Legal Immigration - ALIPAC (http://www.alipac.us/)
American Patrol/Voice of Citizens Together (http://www.americanpatrol.com)
California Coalition for Immigration Reform (http://www.ccir.net/)
Californians for Population Stabilization (http://www.cap-s.org/main.html)
Center for Immigration Studies (CIS (http://www.cis.org/))
Colorado Alliance for Immigration Reform (CAIR (http://www.cairco.org/))
Federation for American Immigration Reform (FAIR (http://www.fairus.org/site/PageServer))
The Heritage Foundation (http://www.heritage.org/)
Minutemen (http://www.minutemanproject.com/)
NumbersUSA (http://www.numbersusa.com/index)
Population-Environment Balance (http://www.balance.org/)
Pro English (http://rightweb.irc-online.org/profile/1533)
Programmer's Guild (http://www.programmersguild.org/)
ProjectUSA (http://www.projectusa.org/)
The Social Contract Press (http://rightweb.irc-online.org/profile/1539)
U.S. English (http://www.us-english.org/inc/)
U.S. Inc.
Hate Groups (http://www.splcenter.org/intel/map/hate.jsp)
Comments
These organizations do not disclose the contributions made to them and the management of these contributions.
Most of these organizations have full time employees.
Americans for Legal Immigration - ALIPAC (http://www.alipac.us/)
American Patrol/Voice of Citizens Together (http://www.americanpatrol.com)
California Coalition for Immigration Reform (http://www.ccir.net/)
Californians for Population Stabilization (http://www.cap-s.org/main.html)
Center for Immigration Studies (CIS (http://www.cis.org/))
Colorado Alliance for Immigration Reform (CAIR (http://www.cairco.org/))
Federation for American Immigration Reform (FAIR (http://www.fairus.org/site/PageServer))
The Heritage Foundation (http://www.heritage.org/)
Minutemen (http://www.minutemanproject.com/)
NumbersUSA (http://www.numbersusa.com/index)
Population-Environment Balance (http://www.balance.org/)
Pro English (http://rightweb.irc-online.org/profile/1533)
Programmer's Guild (http://www.programmersguild.org/)
ProjectUSA (http://www.projectusa.org/)
The Social Contract Press (http://rightweb.irc-online.org/profile/1539)
U.S. English (http://www.us-english.org/inc/)
U.S. Inc.
Hate Groups (http://www.splcenter.org/intel/map/hate.jsp)
Comments
These organizations do not disclose the contributions made to them and the management of these contributions.
Most of these organizations have full time employees.