mrajatish
07-08 07:22 PM
There are a lot of protections in immigration law for us beneficiaries.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
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desi3933
07-12 10:34 AM
No one??
Did you talk to your attorney? What is his/her take on this.
______________________________
Not a legal advice.
Did you talk to your attorney? What is his/her take on this.
______________________________
Not a legal advice.
diptam
08-05 04:37 PM
I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
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Refugee_New
01-06 02:27 PM
Refugee_New,
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
more...
gk_2000
07-29 05:51 PM
100 thousand is not for a president to worry about. But 11-12 Million is a different story..
obviously
08-05 09:41 PM
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
more...
aadimanav
07-14 05:43 PM
Please participate in this non-controversial (EB1 vs. 2 vs. 3 and Row vs. Non-Row Compatible) campaign.
http://immigrationvoice.org/forum/showthread.php?t=20190
Thanks,
http://immigrationvoice.org/forum/showthread.php?t=20190
Thanks,
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Refugee_New
01-06 02:27 PM
Refugee_New,
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
more...
easygoer
01-08 12:28 PM
Rayyan,
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.
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pani_6
07-14 06:37 PM
We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
more...
srkamath
07-13 03:19 PM
It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.
Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
Go ahead do it..... send a badly written letter.
The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.
The letter will fare better if it is at least readable.
I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
Your posts like ".....crying like little babies...." will not help......
Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
Go ahead do it..... send a badly written letter.
The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.
The letter will fare better if it is at least readable.
I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
Your posts like ".....crying like little babies...." will not help......
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SunnySurya
08-05 10:58 AM
I most definitely do. But all depends who needs the most help and what expense. If you ask me to donate a Kidney if my one my Kidney is already failing, I most likely will not help.
But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.
So, you don't believe in helping others.
But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.
So, you don't believe in helping others.
more...
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gc03
05-17 10:56 AM
Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.
Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)
Should we thank CNN Writer Lou Dobbs?
Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)
Should we thank CNN Writer Lou Dobbs?
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Ramba
08-05 02:28 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
more...
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amitjoey
08-05 01:29 PM
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
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GCOP
07-13 09:36 AM
Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.
more...
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Macaca
12-27 06:24 PM
The Year That Was: Corruption Scandals of 2010 (http://blogs.wsj.com/indiarealtime/2010/12/27/the-year-that-was-corruption-scandals-of-2010/) By Tripti Lahiri | IndiaRealTime
This week, as we countdown to 2011, India Real Time casts a look back at the big news events of this year.
We�re not sure we can say it was the best of times, but sometimes it certainly felt like the worst of times, at least for the Congress-led government, which saw a series of corruption scandals unfold on its watch.
Here are the top five scandals of 2010, in chronological order:
Tharoorgate: In April, then junior foreign minister Shashi Tharoor, a first-time MP from Kerala, was forced to resign after Indian Premier League founder Lalit Kumar Modi raised questions on Twitter about the equity given to a woman close to Mr. Tharoor in a consortium that successfully bid for a new franchise for an Indian Premier League cricket team.
Mr. Tharoor denied that he stood to gain financially from the team, which was to represent a Kerala city.
The ruckus led income-tax authorities to examine the ownership holdings in the league�s other teams. Meanwhile the body that regulates cricket in India began to look at Mr. Modi�s financial dealings with regard to the league and also relieved him of his post as IPL commissioner.
By the end of 2010 Mr. Tharoor and the woman, public relations executive Sunanda Pushkar were married. It also looks like a team from Kochi will play in the next season of the Indian Premier League.
The Commonwealth Games: The Games, estimated to cost $6 billion, were plagued by allegations of financial mismanagement, instances of work safety violations, construction accidents and extreme delays in the preparations.
At one point it seemed possible that the Games may not take place at all as visiting delegations complained of filthy and incomplete worker accommodations and health concerns around dengue stemming a surge in mosquitoes in Delhi as a result of heavy monsoon rains this year.
It looked set to be a national embarrassment but a snazzy opening ceremony smoothed things over and roused some sporting spirit from Delhi residents, though there continued to be reports of disorganization, including around ticket sales and with getting real-time results from the events.
After the event, the prime minster promised a full investigation. On Friday, the Central Bureau of Investigation agency officials searched the office and residence of Indian Olympic Association president Suresh Kalmadi, chief Games organizer, and his assistant. Earlier, two other organizing officials were arrested.
2G: The scandal over the potential revenue lost from from giving discounted spectrum to telecom companies in 2008 is the biggest of them all.
The Controller and Auditor General said in November that the flawed allocation may have cost the government $40 billion in lost revenue, and the size of that figure has stoke public ire and given the opposition Bharatiya Janata Party loads of ammunition to attack the government.
Ahead of the report being tabled in Parliament, Telecom minister A. Raja stepped down on Nov. 14, though he maintains he did nothing wrong. The Central Bureau of Investigation questioned him on Friday and Saturday.
The 2G scandal led to even more wastage of taxpayer money than the $40 billion the audit report mentioned. The stalemate between the Congress and the BJP over the opposition�s demand for a parliamentary inquiry led to a parliamentary session that, according to some news reports, saw less than 10 hours of work take place.
Tapegate: Just as the storm of criticism around the Congress Party�s record on governance was at its height, news reports appeared in two magazines that shifted the spotlight away from Mr. Raja and the spectrum allocations and on to reporters instead.
The news reports carried transcripts of leaked phone taps of conversations between top reporters like NDTV�s Barkha Dutt, Hindustan Times columnist Vir Sanghvi, senior editors at various business dailies and corporate lobbyist Niira Radia, who represents the Tata Group and Reliance Industries chair Mukesh Ambani. The conversations were tapped by the income tax department after a tip-off that Ms. Radia might be a spy.
The leaked conversations led many Indians to feel jaded with the news media, so far a fairly respected pillar of Indian democracy for its sting operations on officials. They accused influential journalists of being too close to corporate and political interests and of concealing the real news. Ms. Dutt and Mr. Sanghvi have said they did not pass on any messages on behalf of Ms. Radia, and that she was just one of many useful sources.
This scandal made bigger news on Twitter than in the Indian press at first, and distracted attention away from the 2G investigation for a good month.
Loan-fixing: And if all that wasn�t enough, in late November came the news that eight people had been arrested, including officials from the state-run Life Insurance Corporation�s mortgage arm, state-run banks and an investment firm. The Central Bureau of Investigation said the men collaborated in a conspiracy to funnel loan money to certain firms in exchange for bribes.
This week, as we countdown to 2011, India Real Time casts a look back at the big news events of this year.
We�re not sure we can say it was the best of times, but sometimes it certainly felt like the worst of times, at least for the Congress-led government, which saw a series of corruption scandals unfold on its watch.
Here are the top five scandals of 2010, in chronological order:
Tharoorgate: In April, then junior foreign minister Shashi Tharoor, a first-time MP from Kerala, was forced to resign after Indian Premier League founder Lalit Kumar Modi raised questions on Twitter about the equity given to a woman close to Mr. Tharoor in a consortium that successfully bid for a new franchise for an Indian Premier League cricket team.
Mr. Tharoor denied that he stood to gain financially from the team, which was to represent a Kerala city.
The ruckus led income-tax authorities to examine the ownership holdings in the league�s other teams. Meanwhile the body that regulates cricket in India began to look at Mr. Modi�s financial dealings with regard to the league and also relieved him of his post as IPL commissioner.
By the end of 2010 Mr. Tharoor and the woman, public relations executive Sunanda Pushkar were married. It also looks like a team from Kochi will play in the next season of the Indian Premier League.
The Commonwealth Games: The Games, estimated to cost $6 billion, were plagued by allegations of financial mismanagement, instances of work safety violations, construction accidents and extreme delays in the preparations.
At one point it seemed possible that the Games may not take place at all as visiting delegations complained of filthy and incomplete worker accommodations and health concerns around dengue stemming a surge in mosquitoes in Delhi as a result of heavy monsoon rains this year.
It looked set to be a national embarrassment but a snazzy opening ceremony smoothed things over and roused some sporting spirit from Delhi residents, though there continued to be reports of disorganization, including around ticket sales and with getting real-time results from the events.
After the event, the prime minster promised a full investigation. On Friday, the Central Bureau of Investigation agency officials searched the office and residence of Indian Olympic Association president Suresh Kalmadi, chief Games organizer, and his assistant. Earlier, two other organizing officials were arrested.
2G: The scandal over the potential revenue lost from from giving discounted spectrum to telecom companies in 2008 is the biggest of them all.
The Controller and Auditor General said in November that the flawed allocation may have cost the government $40 billion in lost revenue, and the size of that figure has stoke public ire and given the opposition Bharatiya Janata Party loads of ammunition to attack the government.
Ahead of the report being tabled in Parliament, Telecom minister A. Raja stepped down on Nov. 14, though he maintains he did nothing wrong. The Central Bureau of Investigation questioned him on Friday and Saturday.
The 2G scandal led to even more wastage of taxpayer money than the $40 billion the audit report mentioned. The stalemate between the Congress and the BJP over the opposition�s demand for a parliamentary inquiry led to a parliamentary session that, according to some news reports, saw less than 10 hours of work take place.
Tapegate: Just as the storm of criticism around the Congress Party�s record on governance was at its height, news reports appeared in two magazines that shifted the spotlight away from Mr. Raja and the spectrum allocations and on to reporters instead.
The news reports carried transcripts of leaked phone taps of conversations between top reporters like NDTV�s Barkha Dutt, Hindustan Times columnist Vir Sanghvi, senior editors at various business dailies and corporate lobbyist Niira Radia, who represents the Tata Group and Reliance Industries chair Mukesh Ambani. The conversations were tapped by the income tax department after a tip-off that Ms. Radia might be a spy.
The leaked conversations led many Indians to feel jaded with the news media, so far a fairly respected pillar of Indian democracy for its sting operations on officials. They accused influential journalists of being too close to corporate and political interests and of concealing the real news. Ms. Dutt and Mr. Sanghvi have said they did not pass on any messages on behalf of Ms. Radia, and that she was just one of many useful sources.
This scandal made bigger news on Twitter than in the Indian press at first, and distracted attention away from the 2G investigation for a good month.
Loan-fixing: And if all that wasn�t enough, in late November came the news that eight people had been arrested, including officials from the state-run Life Insurance Corporation�s mortgage arm, state-run banks and an investment firm. The Central Bureau of Investigation said the men collaborated in a conspiracy to funnel loan money to certain firms in exchange for bribes.
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milind70
07-10 12:51 AM
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
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file485
07-08 05:05 PM
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
reminds me of a backhome saying..
'pinching the butt and singing a lullaby" :)
the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
reminds me of a backhome saying..
'pinching the butt and singing a lullaby" :)
the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..
imvoice1234
01-08 12:36 PM
Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
http://www.rense.com/general29/FAHD.HTM
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
http://www.rense.com/general29/FAHD.HTM
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
singhsa3
08-05 09:35 AM
There is no point in dividing the forum. I think if someone wants to do something like this then the best course of action is to take this outside the forum or through PM.
Lawsuits are not child's play...
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
Lawsuits are not child's play...
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....