unitednations
03-24 11:39 AM
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.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
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.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
wallpaper Here we go again with Emma#39;s
coolest_me
12-26 05:40 PM
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
geesee
06-06 05:01 PM
I agree with above few posts.. I wouldnt recommend buying a house if you are working in technology field.. Most of the companies are sending tech jobs offshore and god forbid if you find yourself in a situation where you dont have a job for couple of months, at least you have an option to pack up and go back to own country... I myself bought a house in 2005, I dont regret the decision, but I would feel much safer otherwise.
2011 emma watson george craig
neverbefore
09-30 01:44 AM
Folks, it is indeed sad that perfect is turning out to be the enemy of good here, metaphorically speaking.
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
more...
delax
07-14 10:14 AM
Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.
Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.
Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).
Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.
I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.
Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.
Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).
Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.
I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.
ItIsNotFunny
04-13 01:27 PM
You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
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obviously
04-10 12:41 PM
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
2010 Emma Watson Parties With
texcan
08-06 04:35 PM
Two guys are moving about in a supermarket when their carts collide.
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
This reminds me of ....priority porting circus....
Eb2 & Eb3 guys are moving about in a Green ...
looking for a quick check out line ........
....
....
Eb2 says says mine is "quick, fast, exciting..." whats you line looks like....
Eb3 says... "never mind lets look for yours "
---------------------------------------------------------------
Lion and Monkey joke extensions have been killing me here...
i swear, i never had so much fun on this site...ever. Great work..lets keep them coming.
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
This reminds me of ....priority porting circus....
Eb2 & Eb3 guys are moving about in a Green ...
looking for a quick check out line ........
....
....
Eb2 says says mine is "quick, fast, exciting..." whats you line looks like....
Eb3 says... "never mind lets look for yours "
---------------------------------------------------------------
Lion and Monkey joke extensions have been killing me here...
i swear, i never had so much fun on this site...ever. Great work..lets keep them coming.
more...
delax
07-13 07:56 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
hair EMMA Watson#39;s fella George
vivekm1309
12-31 11:03 AM
IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.
more...
delax
07-13 12:33 PM
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
hot Emma Watson Dating With George Craig?
jgh_res
06-20 09:39 AM
I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.
How do I know who gave me the red's?
It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
How do I know who gave me the red's?
It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
more...
house Emma Watson and George Craig
mariner5555
04-16 04:50 AM
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
hi NKR,
if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
from what I have read builders are big contributors to congress ..
hi NKR,
if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
from what I have read builders are big contributors to congress ..
tattoo George Craig George Craig of
desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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pictures George Craig and One Night
pd_recapturing
04-15 02:39 PM
Mariner555 is right. When I was buying a house, my friend also bought a house at the same time. he bought a big brand new single family and I bought a smaller old townhouse (2004 built). His house did cost hom around 200k more than mine. Now, after 5 months, when I asked him, how is life, he lamented that whole of his income goes towards the mortgage and nothing left for other activities. In my opinion, one shud buy house when he/she can save enough to enjoy other aspects of life after paying the mortgage. I have seen ppl cursing their decision to buy house because of the mortgage. I do not think that its anything to do with housing market.
And finally believe me, living in your own house is a great feeling so go for it...:)
And finally believe me, living in your own house is a great feeling so go for it...:)
dresses Emma Watson has confirmed that
IL_Guy
06-08 11:42 AM
[QUOTE. Life would be boring playing safe.[/QUOTE]
Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.
My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.
Regards.
Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.
My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.
Regards.
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makeup emma watson george craig
bondgoli007
01-06 04:03 PM
Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.
Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?
Don't you think?
Refugee Now,
I believe the thinking needs to be done by the moderate muslims like yourself all over the world. Do you agree that Hamas is a terrorist outfit? Do you agree that no good can come with them as the decision makers in Palestine? Do you agree that by NOT re electing Mahmoud Abbas and the Fatah party, the people gave mandate to a outfit (Hamas) that was seeking the end of the ceasefire with Israel?
How comel you stand quite when the terrorists all over the world most of them who cite Islam or the defense of Islam as a reason to cause havoc and terror? It is clear you can have a strong voice when protesting the tragedies like in Gaza, how come the same voice is missing when the perpetrators are Islamic like in the case of Mumbai?
I whole heartedly join you in bemoaning the human loss in this conflict and pray for peace.
Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?
Don't you think?
Refugee Now,
I believe the thinking needs to be done by the moderate muslims like yourself all over the world. Do you agree that Hamas is a terrorist outfit? Do you agree that no good can come with them as the decision makers in Palestine? Do you agree that by NOT re electing Mahmoud Abbas and the Fatah party, the people gave mandate to a outfit (Hamas) that was seeking the end of the ceasefire with Israel?
How comel you stand quite when the terrorists all over the world most of them who cite Islam or the defense of Islam as a reason to cause havoc and terror? It is clear you can have a strong voice when protesting the tragedies like in Gaza, how come the same voice is missing when the perpetrators are Islamic like in the case of Mumbai?
I whole heartedly join you in bemoaning the human loss in this conflict and pray for peace.
girlfriend Emma Watson and George Craig
anilsal
11-11 08:52 PM
Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
hairstyles EMMA Watson has lost her
gcisadawg
12-22 03:29 PM
Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.
On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.
More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.
On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.
More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.
alisa
12-27 12:08 AM
So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?
Not at all.
My 90 year old grandmother did this.
Not at all.
My 90 year old grandmother did this.
unitednations
03-24 07:25 PM
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
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