waitnwatch
08-06 01:40 PM
Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
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fide_champ
03-23 11:21 PM
it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
sidchhikara
04-06 10:24 PM
But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
what are you saying? The above post is totally incoherent
what are you saying? The above post is totally incoherent
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logiclife
11-09 02:01 PM
I wouldnt be too upset over Lou Dobbs' irrelevant editorials.
Its going to be crying time for Lou Dobbs and his ilk.
That includes:
Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.
All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.
And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.
But its going to be crying time for them in 2007.
Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.
So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.
Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.
Its going to be crying time for Lou Dobbs and his ilk.
That includes:
Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.
All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.
And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.
But its going to be crying time for them in 2007.
Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.
So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.
Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.
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smidreb
01-08 12:52 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.
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
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.
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
chintu25
08-05 10:07 AM
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
more...
Ramba
09-29 03:57 PM
Good analysis ..
Full disclousre - I consider myself a fiscal conservative. But after watching the debate I believe Obama is a better candidate for Presidency than John McCain and here's why -
1) There is a third dimension to the economic debate besides tax cuts and tax raises - National Debt - which has run into uncountable trillions of Dollars. Obama gets it. McCain doesn't.
2) Both candidates want to cut Defense expenditure. McCain thinks making Defense contracts fixed cost will cut expenditure substantially. How does he plan to do that without affecting quality? Are we to see more of the guns that don't fire in Iraq? Obama has a better solution - end the Iraq War in a timely fashion and save trillions of dollars spent every month.
3) McCain wishes to continue the practice of cutting billions of dollars check anually to Pakistan, most of which goes to buy ammunition from US weapons manufacturers. In other words, a subsidy/corporate welfare in the name of 'War on Terror'. Obama plans to hold them accountable for the money they receive and wishes to see the money go to rooting out Al-queda rather than weapons that threaten India into an arms race. Obama plans to hunt down and eliminate Al-queda in Iraq. McCain has no such immediate plans! He wishes to fight the war in Iraq for 4-8 more years and pass on the responsibility to his successor.
4) McCains solution to energy crisis is to destroy the North Pole and burden thousands of generations to come with nuclear waste which will literally take a millenia to clean-up. Obama has placed is bet on replenishable ,greener and less expensive alternatives.
5) Both candidates plans require 'Borrow and Spend' in the short term due to proposed tax cuts. I would rather have Obama spend it on Energy Research than let McCain blow it up in I-rack. At least with Obama plan, America has a chance that reduced dependency on foreign oil may let US government divert the money currently spent on Foreign Oil in paying off debt, rather than pass it on to the future generation.
6) Obama has proposed a medical insurance to help veterans. McCains answer -' I know veterans. I will take care of them'. What kind of answer is that?
7) Obama's stated position is that American companies can bring in more skilled foreign workers as long as there is a need. We are of course concerned about his buddy Sen. Durbin's views which are diametrically opposite of Obama's stated position. On the other hand, McCain doesn't consider EB immigration to be important enough to have a position. In John McCains world - we simply don't exist!
I think it's a good effort by Chandu to educate EB immigrants on the political realities so that we get ready in the days to come to face any eventuality. Also it will aid those of us who get Green Cards in the mean time to make wise decisions while contributing to future election campaigns.
Full disclousre - I consider myself a fiscal conservative. But after watching the debate I believe Obama is a better candidate for Presidency than John McCain and here's why -
1) There is a third dimension to the economic debate besides tax cuts and tax raises - National Debt - which has run into uncountable trillions of Dollars. Obama gets it. McCain doesn't.
2) Both candidates want to cut Defense expenditure. McCain thinks making Defense contracts fixed cost will cut expenditure substantially. How does he plan to do that without affecting quality? Are we to see more of the guns that don't fire in Iraq? Obama has a better solution - end the Iraq War in a timely fashion and save trillions of dollars spent every month.
3) McCain wishes to continue the practice of cutting billions of dollars check anually to Pakistan, most of which goes to buy ammunition from US weapons manufacturers. In other words, a subsidy/corporate welfare in the name of 'War on Terror'. Obama plans to hold them accountable for the money they receive and wishes to see the money go to rooting out Al-queda rather than weapons that threaten India into an arms race. Obama plans to hunt down and eliminate Al-queda in Iraq. McCain has no such immediate plans! He wishes to fight the war in Iraq for 4-8 more years and pass on the responsibility to his successor.
4) McCains solution to energy crisis is to destroy the North Pole and burden thousands of generations to come with nuclear waste which will literally take a millenia to clean-up. Obama has placed is bet on replenishable ,greener and less expensive alternatives.
5) Both candidates plans require 'Borrow and Spend' in the short term due to proposed tax cuts. I would rather have Obama spend it on Energy Research than let McCain blow it up in I-rack. At least with Obama plan, America has a chance that reduced dependency on foreign oil may let US government divert the money currently spent on Foreign Oil in paying off debt, rather than pass it on to the future generation.
6) Obama has proposed a medical insurance to help veterans. McCains answer -' I know veterans. I will take care of them'. What kind of answer is that?
7) Obama's stated position is that American companies can bring in more skilled foreign workers as long as there is a need. We are of course concerned about his buddy Sen. Durbin's views which are diametrically opposite of Obama's stated position. On the other hand, McCain doesn't consider EB immigration to be important enough to have a position. In John McCains world - we simply don't exist!
I think it's a good effort by Chandu to educate EB immigrants on the political realities so that we get ready in the days to come to face any eventuality. Also it will aid those of us who get Green Cards in the mean time to make wise decisions while contributing to future election campaigns.
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desi3933
08-05 02:07 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:
I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?
Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.
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:
I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?
Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.
more...
gc_bucs
05-31 05:28 PM
Lou's opinioins are well known. He's ripped every one across the spectrum.
The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.
Read the crazy man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.
Read the crazy man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
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ksr
08-14 05:45 PM
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.
Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.
more...
axp817
03-26 05:57 PM
Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.
Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.
UN, Thank you for following up on my question on the Baltimore case.
Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.
UN, Thank you for following up on my question on the Baltimore case.
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Tito_ortiz
01-03 10:23 PM
What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
more...
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unitednations
07-09 11:23 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
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sledge_hammer
03-24 02:44 PM
Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.
I kind of mixed the H-1B requirement and GC requirement.
But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
As per USCIS, H1B is for temporary job
I kind of mixed the H-1B requirement and GC requirement.
But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
As per USCIS, H1B is for temporary job
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WantGCQuick
06-05 02:36 PM
This is a very healthy discussion!!.
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
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unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
more...
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validIV
06-26 10:32 AM
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
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raysaikat
06-24 12:04 PM
[snip...]
If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it?
[snip...]
You should compare only the interest part of your mortgage payment when comparing with rent.
If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it?
[snip...]
You should compare only the interest part of your mortgage payment when comparing with rent.
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Macaca
07-08 09:04 AM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com.
Please post URL of this file. Thanks!
Please post URL of this file. Thanks!
calboy78
08-06 12:18 AM
Before I start - I must say that I am EB2 - and I still don't agree with the idea.
Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance.
I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.
Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!
Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance.
I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.
Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!
akred
04-09 12:58 PM
I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
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