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04-14 08:00 AM
And there's plenty of competition. Essentially, the bill makes the entire state a 287(g) state without the supervision of Department of Homeland Security. The bill's constitutionality seems extremely dubious, but we'll have to wait on the courts and I feel certain that a suit will be filed within days of the governor signing. Here is a summary of the bill's provisions. As an aside, I was struck by the "Profiles in Courage" passage from the LA Times coverage of the bill: [Governor] Brewer, a Republican, has not taken a public stance on the bill. She replaced Janet Napolitano, a Democrat...
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
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vejella
12-26 04:08 PM
please share comments on this topic...
kevin08
04-19 10:09 PM
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
good effort and a superb reply
good effort and a superb reply
2011 Christina Aguilera Poster
saketh555
05-30 07:29 PM
Done!!!
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
lazycis
01-26 05:44 PM
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
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chanduv23
11-09 04:16 PM
Me filed on July 18th, no FP yet, got 485 RN on September 11th and got EAD and AP but no FP notice
2010 take on there christina enjoy
ksircar
07-28 01:04 PM
I was trying to fill up AP e-filing form. As I do not have a Middle Name, I didn't eneter anything in the Middle Initial field. It does not allow me to submit the form and shows the following error:
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
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rb_248
11-03 10:09 AM
EB2 likes visa bulletin predictions.
EB3 does not.
That explains the green or red in my opinion.
The current USCIS policy is favoring EB2. There is no dispute about that. EB3ers are justifiably angry and are venting it out on EB2ers. What EB3ers must understand is they should be hating the game not the players. They should be hating the systems and not the other applicants. EB2ers, like me, just got lucky.
I guess this EB2 v EB3 fight will go on until Obama takes up Immigration.
EB3 does not.
That explains the green or red in my opinion.
The current USCIS policy is favoring EB2. There is no dispute about that. EB3ers are justifiably angry and are venting it out on EB2ers. What EB3ers must understand is they should be hating the game not the players. They should be hating the systems and not the other applicants. EB2ers, like me, just got lucky.
I guess this EB2 v EB3 fight will go on until Obama takes up Immigration.
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sc3
06-20 01:50 AM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
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pinx
02-05 03:05 PM
soul, that is simply amazing.
hot Christina Aguilera,Candyman
realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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waiting4gc
04-09 01:16 PM
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
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buehler
06-19 06:28 PM
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
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pictures Candyman Christina Aguilera.
ChainReaction
07-17 10:34 AM
Date moved from October 03, 2006 to October 06, 2006.. :-(
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
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addsf345
01-12 06:49 PM
not sure what you meant but all your benefits CEASE on the day of your termination in the job..
Pardon my ignorance Gurus.
But Hypothetical....what would be the scenario, if,
- I leave the job-A on 1st of the month.
- join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance
- my job-A insurance company sends me COBRA option in two weeks time as required by law
- Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)
- will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????
Pardon my ignorance Gurus.
But Hypothetical....what would be the scenario, if,
- I leave the job-A on 1st of the month.
- join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance
- my job-A insurance company sends me COBRA option in two weeks time as required by law
- Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)
- will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????
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eb3_2004
07-02 05:22 PM
Medical 350*2=700
Kinkos(Xerox)-10$
Photos 15$
Total 725$
Kinkos(Xerox)-10$
Photos 15$
Total 725$
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jonty_11
07-31 10:51 AM
it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
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syzygy
07-10 08:03 AM
May be we want to expose him on something like YouTube.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
ruchigup
08-07 12:44 PM
Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO
See my signature below.
See my signature below.
arunkotte
07-07 08:29 PM
Condi Rice Interview where she was asked about us.
http://www.cnbc.com/id/15840232?video=412859221
http://www.cnbc.com/id/15840232?video=412859221
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