amitjoey
08-05 02:11 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:
GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?
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:
GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?
wallpaper Japan Quake Map
Macaca
01-15 08:35 PM
Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08
After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.
But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.
Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.
Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.
There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.
Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.
In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.
It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.
Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.
If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.
After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.
But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.
Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.
Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.
There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.
Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.
In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.
It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.
Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.
If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.
validIV
06-26 10:20 AM
Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
2011 maps are from USGS
unitednations
03-26 04:51 PM
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
more...
mirage
08-05 07:34 AM
You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
araj_98
05-25 12:45 PM
retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.
The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.
Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm
February 23, 2006
Watch Video of Author Tom Friedman's Lecture
Please note: You will need Quicktime 7 to view this video.
BTW People who support Lou and his view are as ignorant and xenophobic as he is.
Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.
The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.
Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm
February 23, 2006
Watch Video of Author Tom Friedman's Lecture
Please note: You will need Quicktime 7 to view this video.
BTW People who support Lou and his view are as ignorant and xenophobic as he is.
Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.
more...
alisa
01-04 02:13 AM
Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.
Like someone pointed out before you can't wake up someone that's pretending sleeping.
Thank you.
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Like someone pointed out before you can't wake up someone that's pretending sleeping.
Thank you.
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
2010 Japan earthquake (March 11
surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
more...
SunnySurya
08-05 10:44 AM
May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
hair the Japan earthquake (11th
vinabath
03-26 10:06 AM
U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
more...
Refugee_New
01-06 06:00 PM
Are they poor? I doubt, this is luxury!
"... at least two of his four wives, as well as several of his children ...
Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...
He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
...
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
I am not talking about who is right and who is wrong. What i am saying is "whole world is watching while genocide happens in palestine". thats it.
See when Georgia attacked its neighboring state, Russia came for its rescue. Every nation, every leader condemn the Russian aggression against Georgia. I don't know who is right and who is wrong. But all the world leaders urged the killer to stop killing.
Thats not happening in this case. When UN try to bring a resolution on cease-fire, so called peace loving leader veto it. What does it mean? Doesn't it mean its a green signal for killing and murdering?
"... at least two of his four wives, as well as several of his children ...
Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...
He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
...
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
I am not talking about who is right and who is wrong. What i am saying is "whole world is watching while genocide happens in palestine". thats it.
See when Georgia attacked its neighboring state, Russia came for its rescue. Every nation, every leader condemn the Russian aggression against Georgia. I don't know who is right and who is wrong. But all the world leaders urged the killer to stop killing.
Thats not happening in this case. When UN try to bring a resolution on cease-fire, so called peace loving leader veto it. What does it mean? Doesn't it mean its a green signal for killing and murdering?
hot Sat, 12 Mar 2011
gc4me
03-25 02:05 PM
my 2 cents about real estate ......
Think these 3 things before buying a house
1. Location 2. Location and 3. Location
The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.
Also read this news.....I guess wait 6 more months before you buy a home
http://biz.yahoo.com/ap/080325/home_prices.html
Think these 3 things before buying a house
1. Location 2. Location and 3. Location
The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.
Also read this news.....I guess wait 6 more months before you buy a home
http://biz.yahoo.com/ap/080325/home_prices.html
more...
house How the Japan Earthquake
learning01
05-24 02:09 PM
threads and postings. Since he is challenging and throwing baby tantrums on a forum, of all things, let's have it.
Here, I quote from his first troll post in this thread:
wages have been stagnated for the last five years.
Now, my friend Communique can you back this up with reliable references and links. Also, can you rebut, point by point on what I said about Lou Dobbs.
Even in the commentary in the link given by this thread's starter, there is all kinds of rants from Lou and not one, I repeat not one senctence, let alone one paragraph on issues affecting legal immigration.
I have said earlier: we have to stay focussed on the retrogression and backlog issues. That's what I have been urging Communique and others in this thread. Increase or decrease of H1 is not our goal here. In fact, I should not discussing this. I was trying to bring all folks here to our focussed goals and action on hand.
I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.
Here, I quote from his first troll post in this thread:
wages have been stagnated for the last five years.
Now, my friend Communique can you back this up with reliable references and links. Also, can you rebut, point by point on what I said about Lou Dobbs.
Even in the commentary in the link given by this thread's starter, there is all kinds of rants from Lou and not one, I repeat not one senctence, let alone one paragraph on issues affecting legal immigration.
I have said earlier: we have to stay focussed on the retrogression and backlog issues. That's what I have been urging Communique and others in this thread. Increase or decrease of H1 is not our goal here. In fact, I should not discussing this. I was trying to bring all folks here to our focussed goals and action on hand.
I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.
tattoo tattoo Japanese tsunami March
manub
07-07 07:45 PM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
more...
pictures Japan+earthquake+2011+
sanju
05-16 11:26 PM
Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.
dresses 2011 Japan Earthquake 11 March
unitednations
03-26 03:24 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
more...
makeup click here for link to BBC map
Macaca
08-07 07:38 PM
Tougher Rules Change Game for Lobbyists (http://www.nytimes.com/2007/08/07/washington/07lobby.html?_r=1&oref=slogin) By DAVID D. KIRKPATRICK New York Times, August 7, 2007
WASHINGTON, Aug. 6 � H. Stewart Van Scoyoc, founder of one of the biggest lobbying firms in Washington, spent an anxious morning with his lawyer last week assessing the far-reaching ethics and lobbying rules Congress had passed the day before.
The first worry was what lobbyists are calling the new �temptation rules.� Not only do they bar lawmakers and aides from accepting any gifts, meals or trips from lobbyists, they also impose penalties up to $200,000 and five years in prison on any lobbyist who provides such freebies.
And worse still for Mr. Van Scoyoc, under the new law he is required to certify each quarter that none of the 50 lobbyists in his firm bought so much as a burger or cigar for someone on a lawmaker�s staff.
�You are basically asking people to certify, with big penalties, that nobody has lied on their expense accounts,� Mr. Van Scoyoc said, marveling at the complexity of policing such casual contact between lobbyists and Congressional aides. �These are people who are sharing apartments together, playing on the same softball teams, each other�young people with active social lives.�
The new law has quickly sent a ripple of fear through K Street. It comes amid signs that federal prosecutors are taking a newly aggressive approach to corruption cases � including treating campaign contributions as potential bribes.
By requiring them to certify the good behavior of their employees, the law puts lobbyists at new legal risk and could subject them to new pressure from prosecutors. And new centralized disclosures of lobbyists� campaign contributions, fund-raising activities and even their achievements � in the form of Congressional earmarks in spending bills � make it only easier for federal investigators to paint unflattering portraits of lobbyists� influence.
�It will be easier to connect dots,� said Ted Van Der Meid, a Washington lawyer who was counsel to Representative J. Dennis Hastert when he was House speaker. �Even if there shouldn�t be a connection, you are going to have to explain to them how the way they connected the dots is not what you intended. You are going to have to basically prove your innocence.�
Stanley Brand, a longtime Washington defense lawyer who usually represents Democrats, said the law was a sea change. �It should send shivers down lobbyists� spines,� Mr. Brand said. �It is a minefield now.�
These are hardly the first restrictions, of course. Internal rules already barred lawmakers or senior staff members from accepting a gift or a meal worth more than $50 from a lobbyist. But the rules were rarely, if ever, enforced and did not govern lobbyists.
President Bush has not said whether he would sign the bill, but it is already changing the culture of Capitol Hill in myriad ways, beginning with more Dutch treats and fewer steak dinners.
Lobbying firms are racing to train employees in the new rules. One firm, fearful that prosecutors might try to use the expanded disclosures to link official actions to campaign contributions, has sent letters to its clients advising them how to respond if a lawmaker brings up fund-raising in a conversation about policy or procurements. �We would love to have this conversation, but it would have to be at another time� is the short answer.
One lobbyist, who would speak only anonymously to avoid attracting the attention of prosecutors or rivals, said he had started sending himself date-stamped e-mail to create a record of every phone conversation he had with a lawmaker. Then he stopped making campaign contributions.
Another lobbyist recently scaled back the menu at a breakfast briefing for lawmakers, offering bagels and cream cheese instead of ham and eggs. The rules permit lobbyists to provide refreshment of �only nominal value.� The House ethics committee guidelines suggest �light appetizers and drinks, or soda and cookies,� a standard that is known as �the toothpick test.�
The firm also advised a client distributing flashlights on Capitol Hill � to promote government openness � to make sure not only that they cost less than $10 each but also that they looked cheap, to avoid the appearance of impropriety.
And the �staff briefing� � in which a lobbyist enticed Congressional staff members to hear a talk about some dry legislative concern by offering pizza � has become extinct. No one will come without the free food.
Lobbyists complain that Congress is unfairly punishing them for the misdeeds of its own members, not to mention ruining the social lives of innocent and underpaid staff members.
�All those people who grew up in the system � who aren�t evil-doers, just good people � used to be able to entertain and have fun,� lamented Jim Ervin, a veteran military industry lobbyist.
Jan Baran, a longtime Republican lawyer whose clients include lobbyists, said: �There is a great deal of resentment. It�s �the devil made me do it,� and the devil this time happens to be lobbyists. They get tarred with corruption, and the next day they get mail from all the same lawmakers who are blaming lobbyists saying, �I have a fund-raiser next week � don�t forget to contribute!� �
Many lobbyists say the rules pose dilemmas. Blocking them from buying dinners or trips for lawmakers, lobbyists say, will only force them to spend more time and money at political fund-raisers to get the same access.
For lawmakers, one of the most contentious elements of the package is the requirement that candidates disclose the names of federally registered lobbyists who solicit and �bundle� contributions. But lobbyists say the recognition may only encourage them to bundle. Ties to lawmakers are calling cards for clients.
�That is not going to be viewed as the mark of Cain or anything,� Lawrence O�Brien III, a Democratic lobbyist and fund-raiser, said dryly. �It could be perceived as bragging rights.�
Other lobbyists, though, worry that prosecutors� new tactics could make fund-raising more perilous. In plea agreements involving the lobbyist Jack Abramoff and former Representative Randall Cunningham, prosecutors have treated certain campaign contributions as bribes for official favors, something almost never done before.
For lobbyists � who live at the nexus of contributions and favors � it is an alarming trend. �They might as well just pull up the paddy wagon outside the Capital Grille,� one lobbyist said, referring to a clubby steakhouse near the Capitol that is a well-known K Street hangout.
Between the ban on buying dinners and the scrutiny of fund-raising, �It is a lose-lose situation,� said James Dyer, a lobbyist at Clark & Weinstock.
A self-described �earmarks guy� who specializes in spending items, Mr. Dyer said the new rules were an invitation to scandal hunters. For the first time, the law will require disclosure of both the lawmakers who sponsor such items and the campaign contributions of the lobbyists who seek them.
�It is a road map that says, �Hey, come look at me; I have got my name against an earmark,� � he said.
Some loopholes exist. At the annual Aerospace Industries Association trade show in Paris last month, for example, military contractors treated a gaggle of senators to luxurious receptions at galleries, parks and hotels � all permitted under an exception for �widely attended events.�
But John W. Douglass, the group�s president, said the new rules were putting a damper on such events. �Who wants to go to a hot, crowded cocktail party,� Mr. Douglass said, �and have to worry every time the guy brings the hors d�oeuvres tray up, �Should I do this or not?� �
Still, some lobbyists and lawyers wondered privately how long the new carefulness would last.
At the Capital Grille the evening after final passage of the new lobbying bill, private wine lockers by the door still bore the names of several prominent lobbyists. Two mounted stag heads were the only sentries policing the dimly lit bar. Shaking a Belvedere Vodka martini for a lone defense contractor, a bartender leaned in to offer his thoughts.
�What happens at the Capital Grille,� the bartender said, �stays at the Capital Grille.�
Fundraisers Tap Those Who Can't Say No (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601403.html) 'Bundlers' Look to Associates, Employees for Campaign Cash By Matthew Mosk Washington Post Staff Writer, August 7, 2007
Draining the 'Swamp' Is Not So Easy (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601298.html) Skeptics Question Bite of Ethics Rules By Elizabeth Williamson Washington Post Staff Writer, August 7, 2007
WASHINGTON, Aug. 6 � H. Stewart Van Scoyoc, founder of one of the biggest lobbying firms in Washington, spent an anxious morning with his lawyer last week assessing the far-reaching ethics and lobbying rules Congress had passed the day before.
The first worry was what lobbyists are calling the new �temptation rules.� Not only do they bar lawmakers and aides from accepting any gifts, meals or trips from lobbyists, they also impose penalties up to $200,000 and five years in prison on any lobbyist who provides such freebies.
And worse still for Mr. Van Scoyoc, under the new law he is required to certify each quarter that none of the 50 lobbyists in his firm bought so much as a burger or cigar for someone on a lawmaker�s staff.
�You are basically asking people to certify, with big penalties, that nobody has lied on their expense accounts,� Mr. Van Scoyoc said, marveling at the complexity of policing such casual contact between lobbyists and Congressional aides. �These are people who are sharing apartments together, playing on the same softball teams, each other�young people with active social lives.�
The new law has quickly sent a ripple of fear through K Street. It comes amid signs that federal prosecutors are taking a newly aggressive approach to corruption cases � including treating campaign contributions as potential bribes.
By requiring them to certify the good behavior of their employees, the law puts lobbyists at new legal risk and could subject them to new pressure from prosecutors. And new centralized disclosures of lobbyists� campaign contributions, fund-raising activities and even their achievements � in the form of Congressional earmarks in spending bills � make it only easier for federal investigators to paint unflattering portraits of lobbyists� influence.
�It will be easier to connect dots,� said Ted Van Der Meid, a Washington lawyer who was counsel to Representative J. Dennis Hastert when he was House speaker. �Even if there shouldn�t be a connection, you are going to have to explain to them how the way they connected the dots is not what you intended. You are going to have to basically prove your innocence.�
Stanley Brand, a longtime Washington defense lawyer who usually represents Democrats, said the law was a sea change. �It should send shivers down lobbyists� spines,� Mr. Brand said. �It is a minefield now.�
These are hardly the first restrictions, of course. Internal rules already barred lawmakers or senior staff members from accepting a gift or a meal worth more than $50 from a lobbyist. But the rules were rarely, if ever, enforced and did not govern lobbyists.
President Bush has not said whether he would sign the bill, but it is already changing the culture of Capitol Hill in myriad ways, beginning with more Dutch treats and fewer steak dinners.
Lobbying firms are racing to train employees in the new rules. One firm, fearful that prosecutors might try to use the expanded disclosures to link official actions to campaign contributions, has sent letters to its clients advising them how to respond if a lawmaker brings up fund-raising in a conversation about policy or procurements. �We would love to have this conversation, but it would have to be at another time� is the short answer.
One lobbyist, who would speak only anonymously to avoid attracting the attention of prosecutors or rivals, said he had started sending himself date-stamped e-mail to create a record of every phone conversation he had with a lawmaker. Then he stopped making campaign contributions.
Another lobbyist recently scaled back the menu at a breakfast briefing for lawmakers, offering bagels and cream cheese instead of ham and eggs. The rules permit lobbyists to provide refreshment of �only nominal value.� The House ethics committee guidelines suggest �light appetizers and drinks, or soda and cookies,� a standard that is known as �the toothpick test.�
The firm also advised a client distributing flashlights on Capitol Hill � to promote government openness � to make sure not only that they cost less than $10 each but also that they looked cheap, to avoid the appearance of impropriety.
And the �staff briefing� � in which a lobbyist enticed Congressional staff members to hear a talk about some dry legislative concern by offering pizza � has become extinct. No one will come without the free food.
Lobbyists complain that Congress is unfairly punishing them for the misdeeds of its own members, not to mention ruining the social lives of innocent and underpaid staff members.
�All those people who grew up in the system � who aren�t evil-doers, just good people � used to be able to entertain and have fun,� lamented Jim Ervin, a veteran military industry lobbyist.
Jan Baran, a longtime Republican lawyer whose clients include lobbyists, said: �There is a great deal of resentment. It�s �the devil made me do it,� and the devil this time happens to be lobbyists. They get tarred with corruption, and the next day they get mail from all the same lawmakers who are blaming lobbyists saying, �I have a fund-raiser next week � don�t forget to contribute!� �
Many lobbyists say the rules pose dilemmas. Blocking them from buying dinners or trips for lawmakers, lobbyists say, will only force them to spend more time and money at political fund-raisers to get the same access.
For lawmakers, one of the most contentious elements of the package is the requirement that candidates disclose the names of federally registered lobbyists who solicit and �bundle� contributions. But lobbyists say the recognition may only encourage them to bundle. Ties to lawmakers are calling cards for clients.
�That is not going to be viewed as the mark of Cain or anything,� Lawrence O�Brien III, a Democratic lobbyist and fund-raiser, said dryly. �It could be perceived as bragging rights.�
Other lobbyists, though, worry that prosecutors� new tactics could make fund-raising more perilous. In plea agreements involving the lobbyist Jack Abramoff and former Representative Randall Cunningham, prosecutors have treated certain campaign contributions as bribes for official favors, something almost never done before.
For lobbyists � who live at the nexus of contributions and favors � it is an alarming trend. �They might as well just pull up the paddy wagon outside the Capital Grille,� one lobbyist said, referring to a clubby steakhouse near the Capitol that is a well-known K Street hangout.
Between the ban on buying dinners and the scrutiny of fund-raising, �It is a lose-lose situation,� said James Dyer, a lobbyist at Clark & Weinstock.
A self-described �earmarks guy� who specializes in spending items, Mr. Dyer said the new rules were an invitation to scandal hunters. For the first time, the law will require disclosure of both the lawmakers who sponsor such items and the campaign contributions of the lobbyists who seek them.
�It is a road map that says, �Hey, come look at me; I have got my name against an earmark,� � he said.
Some loopholes exist. At the annual Aerospace Industries Association trade show in Paris last month, for example, military contractors treated a gaggle of senators to luxurious receptions at galleries, parks and hotels � all permitted under an exception for �widely attended events.�
But John W. Douglass, the group�s president, said the new rules were putting a damper on such events. �Who wants to go to a hot, crowded cocktail party,� Mr. Douglass said, �and have to worry every time the guy brings the hors d�oeuvres tray up, �Should I do this or not?� �
Still, some lobbyists and lawyers wondered privately how long the new carefulness would last.
At the Capital Grille the evening after final passage of the new lobbying bill, private wine lockers by the door still bore the names of several prominent lobbyists. Two mounted stag heads were the only sentries policing the dimly lit bar. Shaking a Belvedere Vodka martini for a lone defense contractor, a bartender leaned in to offer his thoughts.
�What happens at the Capital Grille,� the bartender said, �stays at the Capital Grille.�
Fundraisers Tap Those Who Can't Say No (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601403.html) 'Bundlers' Look to Associates, Employees for Campaign Cash By Matthew Mosk Washington Post Staff Writer, August 7, 2007
Draining the 'Swamp' Is Not So Easy (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601298.html) Skeptics Question Bite of Ethics Rules By Elizabeth Williamson Washington Post Staff Writer, August 7, 2007
girlfriend 2011 Japan Earthquake Tsunami
nogc_noproblem
09-02 04:25 PM
Why You Would Want To Run A Gas Station
• You can raise prices every hour and everyone blames the government.
• You can sell obsolete lottery tickets but it's okay--they lose anyway.
• You always have the oldest dated milk in the cooler, and its the last one left, so they have to take it.
• No matter what the question is from a customer, you cannot understand it.
• You enjoy raising the prices on the pumps when these signs outside show the old prices.
• You make sure that the receipts on the machines don't work so they have to come inside to get one and buy other items.
• You can raise prices every hour and everyone blames the government.
• You can sell obsolete lottery tickets but it's okay--they lose anyway.
• You always have the oldest dated milk in the cooler, and its the last one left, so they have to take it.
• No matter what the question is from a customer, you cannot understand it.
• You enjoy raising the prices on the pumps when these signs outside show the old prices.
• You make sure that the receipts on the machines don't work so they have to come inside to get one and buy other items.
hairstyles Tōhoku Earthquake and Tsunami
fcres
08-07 04:40 PM
UN,
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
Is this what you were looking for? Its in this thread itself.
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
Is this what you were looking for? Its in this thread itself.
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74
dixie
11-11 10:04 PM
Lou can rant all he likes; the reality is his ideology and attempts to stir up the public came to nought at the polls. I think the general american public recognises Lou's propaganda for what it is - a populist ratings game. The fact that anti-CIR lawmakers/minutemen lost in even red states like arizona and Indiana is telling. Note that many moderate, pro-CIR republicans won in those very same states; it is mostly the lou-style conservatives who are licking their wounds.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.
Blessing&Lifeisbeautiful
08-08 05:48 PM
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
bump
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
bump
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