swissgear
08-23 03:03 PM
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..
I'll stop and leave it here....
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desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
pbojja
09-11 04:38 PM
Lets set the delivery date for Ocotober 2nd - Gandhi Jayanthi . I think thats the great day to express our opinion.
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NKR
09-12 02:08 PM
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
more...
GCard_Dream
01-04 02:59 PM
Agree. Truthinspector is simply expressing his opinion and if one doesn't agree, just put your side of the arguments to counter his but their is no need for character assassination. It's perfectly fine to disagree with someone but there are better ways of letting him/her know that.
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
bond65
08-20 09:36 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
We recently went got our driving licenses renewed with our H visa extension I-797s. DMV didn't ask for an unexpired visa. All they wanted was a visa stamp in the passport to make sure that we legally entered US.
Any one in NC have any suggestions?
We recently went got our driving licenses renewed with our H visa extension I-797s. DMV didn't ask for an unexpired visa. All they wanted was a visa stamp in the passport to make sure that we legally entered US.
more...
greencardvow
08-10 01:14 PM
I am also a July 2nd filer. No receipts. No checks cashed. I filed at Nebraska Service Center.
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alterego
09-14 06:30 PM
Does anyone know how to contact NPR. They have done good pieces about this in the past.
more...
Green.Tech
06-17 11:49 AM
Show me the money!:)
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
more...
hariswaminathan
07-14 01:32 PM
sent $10.00 instead of $5 to make up for someone that doesn't.:)
Used Bank Bill Pay Conf : 119124506
Used Bank Bill Pay Conf : 119124506
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amsgc
06-24 07:44 PM
I agree with those who say that giving green cards to the three hundred thousand wannabe immigrants will not turn the economy around tomorrow, and perhaps in the short period there doesn't seem to be an apparant advantage. After all, these are the cash cows that are milked everyday by way of taxes and the ever increasing USCIS fees.
However, it is important to consider the larger picture with a view on the next few years. Even if a few thousand people go and buy a house, it will make a difference to the local community, however small it may be. If a few thousand people are able to start their own business, it will lead to the creation of a few more thousand jobs, which is still better than the current number - zero. Even if a few thousand decide to get a higher education, or get promoted, America will be richer in the quality of its people by those many, however small that number may be. And I bet thousands of those high skilled immigrants will demand a higher salary which which will not only level the playing field, but also result in higher pay. And need I mention the effect of higher salaries on the propensity to consume?
I haven't even gotten into the social advantages of having a home where both parents are able to think and work freely, and the effect that has on the upbringing of their children (more than likely US citizens).
Now, what does it really cost the US govt./America to give out the green card? As far as the issue of social security is concerned, these wannabes will be eligible anyway after 10 years, whether they have a green card or not. The USCIS fees for renewal is a about a $1000 per year, which pales in comparison to the the new car that I will buy :) What else, lawyer fees? People are worried about lawyers being displaced! You got to be kidding - immigration law is not the only kind of law practiced in this part of the world. I would be worried more for them if Americans decided not to get divorced.
So, my question is:
Do the costs of giving out green cards to high skilled professionals really outweigh some the benefits mentioned above?
I don't see any good arguments for not giving out a green card sooner than later. And if there aren't any tangible benefits in keeping three hundred thousand people in limbo, then America is losing out on the advantages it will have by making them permanent residents.
However, it is important to consider the larger picture with a view on the next few years. Even if a few thousand people go and buy a house, it will make a difference to the local community, however small it may be. If a few thousand people are able to start their own business, it will lead to the creation of a few more thousand jobs, which is still better than the current number - zero. Even if a few thousand decide to get a higher education, or get promoted, America will be richer in the quality of its people by those many, however small that number may be. And I bet thousands of those high skilled immigrants will demand a higher salary which which will not only level the playing field, but also result in higher pay. And need I mention the effect of higher salaries on the propensity to consume?
I haven't even gotten into the social advantages of having a home where both parents are able to think and work freely, and the effect that has on the upbringing of their children (more than likely US citizens).
Now, what does it really cost the US govt./America to give out the green card? As far as the issue of social security is concerned, these wannabes will be eligible anyway after 10 years, whether they have a green card or not. The USCIS fees for renewal is a about a $1000 per year, which pales in comparison to the the new car that I will buy :) What else, lawyer fees? People are worried about lawyers being displaced! You got to be kidding - immigration law is not the only kind of law practiced in this part of the world. I would be worried more for them if Americans decided not to get divorced.
So, my question is:
Do the costs of giving out green cards to high skilled professionals really outweigh some the benefits mentioned above?
I don't see any good arguments for not giving out a green card sooner than later. And if there aren't any tangible benefits in keeping three hundred thousand people in limbo, then America is losing out on the advantages it will have by making them permanent residents.
more...
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DCQC
08-21 04:03 PM
Hi,
Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?
We live in California.
Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?
We live in California.
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sandy_anand
06-26 04:59 PM
Congrats skillet! Really great news!
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arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
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rongha_2000
04-30 04:03 PM
They are bullsxxting themselves and everyone else. I am amazed..!! These committee members dont have a clue of what they are hearing about. Mixing GCs with H1-B. This issue is always a killer and more inportantly not even related to issue at hand..!!
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
I am losing hopes.. I might find solace in Alberta, I hope.
I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???
more...
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eb3_nepa
07-15 03:57 PM
zooom and fundo14 good job on updating your signatures.
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
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Jimi_Hendrix
08-09 01:37 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
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saimrathi
06-06 04:04 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
Madhuri
09-10 04:42 PM
Order Details - Sep 10, 2007 4:01 PM CDT
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
Google Order #722113062529813
Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
Go IV!
gcisadawg
02-09 12:47 AM
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"
Read first what I said.
OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"
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