masaternyc
01-11 01:50 PM
Who crucified jesus, they are still on for other religions too??? including hindis, muslims, sikhs etc. Read the history, 100,000 people demonstrating in spain means nothing???
Rally for GC was only few hundreds but people rallying in 100,000's in Spain atleast means something to me.
http://www.iht.com/articles/ap/2009/01/11/europe/EU-Europe-Gaza.php
Rally for GC was only few hundreds but people rallying in 100,000's in Spain atleast means something to me.
http://www.iht.com/articles/ap/2009/01/11/europe/EU-Europe-Gaza.php
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unitednations
07-08 10:41 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
willwin
07-13 04:48 PM
I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
Aadimanav, mirage and pani_6, do you guys wanna run with this?
Or any other volunteers?
Come up with a draft and then share with rest of us.
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
Aadimanav, mirage and pani_6, do you guys wanna run with this?
Or any other volunteers?
Come up with a draft and then share with rest of us.
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kedrex
12-27 04:48 PM
I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
more...
dontcareanymore
08-05 01:58 PM
Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.
Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.
willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
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?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
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?
more...
logiclife
02-21 11:31 AM
But he is definately worth laughing at. I bet this guy sends flowers to himself on Valentine's day. He is so much in awe of himself, its hilarious.
He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????
He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????
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Macaca
03-04 06:04 PM
Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com/citizen-k-street, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.
more...
sledge_hammer
03-24 12:26 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?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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chanduv23
03-24 02:14 PM
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.
UN - why do you think USCIS allows
(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....
the list can go on
Why do you think people who are following law - not liked by USCIS?
I am not blaming USCIS or not poking at them or your interpretation.
I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.
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.
UN - why do you think USCIS allows
(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....
the list can go on
Why do you think people who are following law - not liked by USCIS?
I am not blaming USCIS or not poking at them or your interpretation.
I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.
more...
chanduv23
09-26 08:26 AM
I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.
Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.
A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.
Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.
A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
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transpass
03-26 07:30 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?
more...
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GCOP
08-05 01:57 PM
Friends,
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.
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pappu
04-07 05:35 AM
Guys,
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
more...
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Macaca
08-17 09:12 PM
Dem majority triggers mixed results for K St. (http://thehill.com/leading-the-news/dem-majority-triggers-mixed-results-for-k-st.-2007-08-15.html) By Jim Snyder and Jeffrey Young | The Hill, August 15, 2007
Patton Boggs appears likely to continue as the reigning king of K Street with a revenue growth of nearly 9 percent, according to mid-year lobbying reports filed to Congress Tuesday.
The law firm earned nearly $19.4 million from lobbying as defined by the Lobbying Disclosure Act, or LDA, for the first half of 2007, versus the $17.8 million it took in during the first six months of 2006. The firm finished first in the revenue race in 2004, 2005 and 2006.
Elsewhere along Washington’s lobbying corridor, though, results were decidedly more mixed. While several firms reported revenue growth, a number have yet to shake off the doldrums of the last half of 2006, when legislative activity dropped off as members left town to campaign for the midterm election.
For example, Cassidy & Associates reported a slight dip in revenues in 2007. It reported $12.3 million for mid-year 2007 versus the $12.6 million the firm reported a year ago.
Van Scoyoc Associates, another big earner, reported flat revenues. Hogan & Hartson, a top 10 earner, reported a slight dip (see chart, P 9).
The LDA numbers were due Tuesday, and several big names did not have their revenue totals ready by press time. These firms include Dutko Worldwide, which generated more than $20 million in lobbying revenues last year.
(The figures will be added to the chart online at thehill.com as they become available.)
The firms that did well attribute their success in part to the new Democratic majorities.
Perhaps the biggest success story so far is Ogilvy Government Relations. The newly bipartisan firm, which was formerly all-Republican and known as the Federalist Group, reported mid-year totals of $12.4 million, versus the $6.8 million it reported for the first six months of 2006.
“We have added talented Democrats that have contributed significant value to our clients and the firm,” said Drew Maloney, a managing director at Ogilvy and a former aide to then-House Majority Whip Tom DeLay (R-Texas).
Although the switch to bipartisan seems to have been a good one, the firm’s success can largely be attributed to one client. Blackstone Group, which is lobbying against a proposed tax hike on private equity firms, has paid Ogilvy $3.74 million so far this year. Blackstone paid Ogilvy just $240,000 for all of 2006.
Akin Gump Strauss Hauer & Feld, a perennial top five earner, also grew. The firm reported mid-year totals of $15.2 million, compared to $13.3 million during the first half of 2006.
Joel Jankowsky, who runs Akin Gump’s policy practice, said Democrats have been good for his firm’s bottom line.
“The change in Congress has increased activity on a variety of issues and that has spawned more work,” Jankowsky said. Akin Gump now counts 186 clients versus the 165 clients it had at the end of last year.
Barbour Griffith & Rogers and K & L Gates’s policy group each also reported a slight growth over their revenue totals of a year ago.
Even firms that did less well were optimistic business was beginning to pick up, even though Democrats have sought to change the cozy relationships between lawmakers and lobbyists through new gift and travel limitations and other rules.
Gregg Hartley, vice chairman and chief operating officer for Cassidy, said the firm’s business was rebounding from a slow 2006.
“I see us on the way back up,” he said.
The Cassidy figure does not include revenues reported by its affiliate, the Rhoads Group, which reported an additional $2.2 million in revenue.
Van Scoyoc Associates, another top five firm, reported Tuesday that it made $12.5 million this year, roughly the same it reported during the comparable period a year ago.
“We held pretty even in a very difficult environment and I would consider that a pretty successful first half,” said Stu Van Scoyoc, president of the firm.
Scandals have made it a difficult political environment for lobbyists and clients have moved cautiously because of uncertainty about new congressional earmarking rules, Van Scoyoc said.
The LDA filings paint only part of the picture of these firms’ performances. Many of the large and mid-sized firms have lucrative lines of business in other areas.
Firms like Patton Boggs and Akin Gump that operate large legal practices are also benefiting from the more active oversight of the Democratic-led Congress, for example.
Democrats have held an estimated 600 oversight and investigation hearings so far, and many clients under the microscope have sought K Street’s counsel.
“The overall congressional activity is through the charts,” said Nick Allard, co-chairman of Patton Boggs’s public policy department.
“Lobbying reports are up, but they are just part of what we do, and underestimate what is probably a historic level of activity in Congress and as such a historic level of representation of clients before Congress,” Allard said.
The investigations also often lead to new legislation, which further drives business to K Street.
The LDA numbers also do not capture work done under the Foreign Agent Registration Act (FARA), which is reported separately. Most public relations and federal marketing work, both of which are growing revenue streams for many firms, are also not reported under LDA.
Cassidy, for example, made an additional $1.4 million from FARA, public relations and federal marketing, Hartley said. Van Scoyoc also will report at least $300,000 in FARA revenue.
Moreover, the LDA itself provides firms with wide latitude in how they define lobbying activities, and thus what revenue must be accounted for in their semiannual filings.
While some firms blamed stagnant revenues on the unfavorable (and, they add, unfair) scrutiny the lobbying industry has received from the Jack Abramoff scandal, most lobbyists don’t see the recently passed lobbying/ethics bill as a threat to their businesses.
Patton Boggs’s Allard, for instance, believes the new rules may benefit firms with legal practices and larger lobbying firms that may be better equipped to manage the intricacies of the new law.
“The need for public policy advocacy doesn’t go away,” he said. Firms that relied on relationships, however, may well be hurt. Potential clients are “are not going to go for the quick fix or silver bullet or glad-handing,” Allard said.
Lobbyists will have to report more frequently. The new law requires filing quarterly rather than semi-annually.
The continued focus on earmarks, though, may eventually hurt firms that have built their practice around appropriations work, said Hartley.
“There is a potential for a dramatic impact on that part of the lobbying industry,” said Hartley.
Cassidy was once just such a firm. Until recently, as much as 70 percent of Cassidy’s lobbying revenue came from appropriations, but a four-year restructuring effort has dropped that figure to 51 percent, Hartley said.
Now 67 percent of new business is tied to non-appropriations work, he added.
The Democratic takeover of Congress also spawned a growth in all-Democratic lobbying firms.
Elmendorf Strategies, founded by Steve Elmendorf, reported revenues of nearly $1.9 million, despite having just three lobbyists. Elmendorf is a former chief of staff to House Minority Leader Richard Gephardt (D-Mo.) and is a sought-after party strategist. His firm is six months old and has 19 clients.
The firm Parven Pomper Schuyler reported revenues of $750,000 in part by targeting business-friendly Blue Dog Democrats. Scott Parven said the firm has 13 clients. It recently signed on to lobby for the Pharmaceutical Research and Manufacturers of America. The contract was not included in its mid-year filing.
K Street's Top Firms (http://thehill.com/leading-the-news/k-streets-top-25-2007-08-15.html) By Jim Snyder and Jeffrey Young | The Hill August 15, 2007
Patton Boggs appears likely to continue as the reigning king of K Street with a revenue growth of nearly 9 percent, according to mid-year lobbying reports filed to Congress Tuesday.
The law firm earned nearly $19.4 million from lobbying as defined by the Lobbying Disclosure Act, or LDA, for the first half of 2007, versus the $17.8 million it took in during the first six months of 2006. The firm finished first in the revenue race in 2004, 2005 and 2006.
Elsewhere along Washington’s lobbying corridor, though, results were decidedly more mixed. While several firms reported revenue growth, a number have yet to shake off the doldrums of the last half of 2006, when legislative activity dropped off as members left town to campaign for the midterm election.
For example, Cassidy & Associates reported a slight dip in revenues in 2007. It reported $12.3 million for mid-year 2007 versus the $12.6 million the firm reported a year ago.
Van Scoyoc Associates, another big earner, reported flat revenues. Hogan & Hartson, a top 10 earner, reported a slight dip (see chart, P 9).
The LDA numbers were due Tuesday, and several big names did not have their revenue totals ready by press time. These firms include Dutko Worldwide, which generated more than $20 million in lobbying revenues last year.
(The figures will be added to the chart online at thehill.com as they become available.)
The firms that did well attribute their success in part to the new Democratic majorities.
Perhaps the biggest success story so far is Ogilvy Government Relations. The newly bipartisan firm, which was formerly all-Republican and known as the Federalist Group, reported mid-year totals of $12.4 million, versus the $6.8 million it reported for the first six months of 2006.
“We have added talented Democrats that have contributed significant value to our clients and the firm,” said Drew Maloney, a managing director at Ogilvy and a former aide to then-House Majority Whip Tom DeLay (R-Texas).
Although the switch to bipartisan seems to have been a good one, the firm’s success can largely be attributed to one client. Blackstone Group, which is lobbying against a proposed tax hike on private equity firms, has paid Ogilvy $3.74 million so far this year. Blackstone paid Ogilvy just $240,000 for all of 2006.
Akin Gump Strauss Hauer & Feld, a perennial top five earner, also grew. The firm reported mid-year totals of $15.2 million, compared to $13.3 million during the first half of 2006.
Joel Jankowsky, who runs Akin Gump’s policy practice, said Democrats have been good for his firm’s bottom line.
“The change in Congress has increased activity on a variety of issues and that has spawned more work,” Jankowsky said. Akin Gump now counts 186 clients versus the 165 clients it had at the end of last year.
Barbour Griffith & Rogers and K & L Gates’s policy group each also reported a slight growth over their revenue totals of a year ago.
Even firms that did less well were optimistic business was beginning to pick up, even though Democrats have sought to change the cozy relationships between lawmakers and lobbyists through new gift and travel limitations and other rules.
Gregg Hartley, vice chairman and chief operating officer for Cassidy, said the firm’s business was rebounding from a slow 2006.
“I see us on the way back up,” he said.
The Cassidy figure does not include revenues reported by its affiliate, the Rhoads Group, which reported an additional $2.2 million in revenue.
Van Scoyoc Associates, another top five firm, reported Tuesday that it made $12.5 million this year, roughly the same it reported during the comparable period a year ago.
“We held pretty even in a very difficult environment and I would consider that a pretty successful first half,” said Stu Van Scoyoc, president of the firm.
Scandals have made it a difficult political environment for lobbyists and clients have moved cautiously because of uncertainty about new congressional earmarking rules, Van Scoyoc said.
The LDA filings paint only part of the picture of these firms’ performances. Many of the large and mid-sized firms have lucrative lines of business in other areas.
Firms like Patton Boggs and Akin Gump that operate large legal practices are also benefiting from the more active oversight of the Democratic-led Congress, for example.
Democrats have held an estimated 600 oversight and investigation hearings so far, and many clients under the microscope have sought K Street’s counsel.
“The overall congressional activity is through the charts,” said Nick Allard, co-chairman of Patton Boggs’s public policy department.
“Lobbying reports are up, but they are just part of what we do, and underestimate what is probably a historic level of activity in Congress and as such a historic level of representation of clients before Congress,” Allard said.
The investigations also often lead to new legislation, which further drives business to K Street.
The LDA numbers also do not capture work done under the Foreign Agent Registration Act (FARA), which is reported separately. Most public relations and federal marketing work, both of which are growing revenue streams for many firms, are also not reported under LDA.
Cassidy, for example, made an additional $1.4 million from FARA, public relations and federal marketing, Hartley said. Van Scoyoc also will report at least $300,000 in FARA revenue.
Moreover, the LDA itself provides firms with wide latitude in how they define lobbying activities, and thus what revenue must be accounted for in their semiannual filings.
While some firms blamed stagnant revenues on the unfavorable (and, they add, unfair) scrutiny the lobbying industry has received from the Jack Abramoff scandal, most lobbyists don’t see the recently passed lobbying/ethics bill as a threat to their businesses.
Patton Boggs’s Allard, for instance, believes the new rules may benefit firms with legal practices and larger lobbying firms that may be better equipped to manage the intricacies of the new law.
“The need for public policy advocacy doesn’t go away,” he said. Firms that relied on relationships, however, may well be hurt. Potential clients are “are not going to go for the quick fix or silver bullet or glad-handing,” Allard said.
Lobbyists will have to report more frequently. The new law requires filing quarterly rather than semi-annually.
The continued focus on earmarks, though, may eventually hurt firms that have built their practice around appropriations work, said Hartley.
“There is a potential for a dramatic impact on that part of the lobbying industry,” said Hartley.
Cassidy was once just such a firm. Until recently, as much as 70 percent of Cassidy’s lobbying revenue came from appropriations, but a four-year restructuring effort has dropped that figure to 51 percent, Hartley said.
Now 67 percent of new business is tied to non-appropriations work, he added.
The Democratic takeover of Congress also spawned a growth in all-Democratic lobbying firms.
Elmendorf Strategies, founded by Steve Elmendorf, reported revenues of nearly $1.9 million, despite having just three lobbyists. Elmendorf is a former chief of staff to House Minority Leader Richard Gephardt (D-Mo.) and is a sought-after party strategist. His firm is six months old and has 19 clients.
The firm Parven Pomper Schuyler reported revenues of $750,000 in part by targeting business-friendly Blue Dog Democrats. Scott Parven said the firm has 13 clients. It recently signed on to lobby for the Pharmaceutical Research and Manufacturers of America. The contract was not included in its mid-year filing.
K Street's Top Firms (http://thehill.com/leading-the-news/k-streets-top-25-2007-08-15.html) By Jim Snyder and Jeffrey Young | The Hill August 15, 2007
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sands
08-07 05:25 PM
A couple drove down a country road for several miles, not saying a word.
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
This is hilarious! :)
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
This is hilarious! :)
more...
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paskal
07-08 09:15 PM
paskal..
seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..
maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..
Hi,
thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.
seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..
maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..
Hi,
thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.
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desi3933
07-09 01:56 PM
Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
You already have I-94 valid until 11/11/2209.
Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.
______________________
Not a legal advice.
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
You already have I-94 valid until 11/11/2209.
Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.
______________________
Not a legal advice.
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gomirage
06-07 01:05 PM
I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
chintu25
08-05 11:55 AM
I am requesting an amendment to the spelling of "mahaul".
I think it would sound better if we spelled it as "mahole" :D
Mohol --> :D
I think it would sound better if we spelled it as "mahole" :D
Mohol --> :D
smuggymba
07-28 02:57 PM
what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....
Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
