chanduv23
03-24 10:55 AM
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
wallpaper Smashbox Heartbreaker
sundevil
03-25 12:52 PM
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
waitnwatch
08-05 03:24 PM
Don't remember exactly, I can look into the wording of the law but I think
post bachelor 5 year experience for EB2 is a law and not Memo.
If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.
post bachelor 5 year experience for EB2 is a law and not Memo.
If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.
2011 smashbox, smashbox
yrspassby
08-07 04:38 PM
My wife and I were happy for twenty years. Then we met.
When a man brings his wife flowers for no reason, there's a reason.
Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.
In olden times, sacrifices were made at the altar, a practice that still continues.
Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.
I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.
When a man brings his wife flowers for no reason, there's a reason.
Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.
In olden times, sacrifices were made at the altar, a practice that still continues.
Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.
I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.
more...
anai
04-12 04:40 PM
Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.
My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).
IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.
Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.
My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).
IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.
unitednations
03-25 12:41 PM
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
more...
pani_6
07-13 04:54 PM
Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..
This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $
Come on Guys
Action & Urgency!
This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $
Come on Guys
Action & Urgency!
2010 Smashbox Makeup Collection for
pappu
08-11 12:44 PM
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.
more...
bazuka6
07-13 02:15 AM
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
hair smashbox makeup collection
GCInThisLife
07-19 02:40 PM
UN,
I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?
Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(
first i'll tell a brief story.
I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.
he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.
now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.
It is not an easy thing to overcome or argue as one may think.
I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?
Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(
first i'll tell a brief story.
I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.
he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.
now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.
It is not an easy thing to overcome or argue as one may think.
more...
rsdang
08-11 04:44 PM
Lesson 1:
A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
The woman wraps back up in the towel and goes back upstairs.
When she gets to the bathroom, her husband asks, "Who was that?"
"It was Bob the next door neighbor," she replies.
"Great," the husband says, "did he say anything about the $800 he owes me?"
Moral of the story
If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.
*********
Lesson 3:
A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
The Genie says, "I'll give each of you just one wish."
"Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
Puff! She's gone.
"Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
Puff! He's gone.
"OK, you're up," the Genie says to the manager.
The manager says, "I want those two back in the office after lunch."
Moral of the story
Always let your boss have the first say.
*********
Lesson 4:
An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
The eagle answered: "Sure , why not."
So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.
Moral of the story
To be sitting and doing nothing, you must be sitting very, very high up.
*********
Lesson 5:
A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
"Well, why don't you nibble on some of my droppings?" replied the bull.
They're packed with nutrients."
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story
BullShit might get you to the top, but it won't keep you there.
*********
Lesson 6:
A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..
Morals of this story
(1) Not everyone who shits on you is your enemy.
(2) Not everyone who gets you out of shit is your friend..
(3) And when you're in deep shit, it's best to keep your mouth
shut!
Where is lesson 2?
A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
The woman wraps back up in the towel and goes back upstairs.
When she gets to the bathroom, her husband asks, "Who was that?"
"It was Bob the next door neighbor," she replies.
"Great," the husband says, "did he say anything about the $800 he owes me?"
Moral of the story
If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.
*********
Lesson 3:
A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
The Genie says, "I'll give each of you just one wish."
"Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
Puff! She's gone.
"Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
Puff! He's gone.
"OK, you're up," the Genie says to the manager.
The manager says, "I want those two back in the office after lunch."
Moral of the story
Always let your boss have the first say.
*********
Lesson 4:
An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
The eagle answered: "Sure , why not."
So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.
Moral of the story
To be sitting and doing nothing, you must be sitting very, very high up.
*********
Lesson 5:
A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
"Well, why don't you nibble on some of my droppings?" replied the bull.
They're packed with nutrients."
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story
BullShit might get you to the top, but it won't keep you there.
*********
Lesson 6:
A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..
Morals of this story
(1) Not everyone who shits on you is your enemy.
(2) Not everyone who gets you out of shit is your friend..
(3) And when you're in deep shit, it's best to keep your mouth
shut!
Where is lesson 2?
hot Make Up » Smashbox » Who#39;s
unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
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pani_6
07-14 06:37 PM
We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
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Refugee_New
01-06 12:57 PM
And look at what India is going thru. Each and every year, bomb blasts in multiple cities.
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
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bhatt
06-07 02:03 PM
I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
So don't buy the house for the sake of 8k. and Don't buy the home as an investment!
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
So don't buy the house for the sake of 8k. and Don't buy the home as an investment!
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CreatedToday
01-08 03:18 PM
I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!
Did you consider banning him?
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From Forum Moderator
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We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.
Thank you for your understanding,
Administrator2
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Did you consider banning him?
----------------------------------------------------------------------------
From Forum Moderator
----------------------------------------------------------------------------
We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.
Thank you for your understanding,
Administrator2
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rockstart
07-14 08:29 PM
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
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ItIsNotFunny
01-08 11:47 AM
Rayyan,
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
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sledge_hammer
12-17 03:13 PM
I support the continuation of this thread! I support Marphad's views!
pete
04-09 12:05 PM
The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.
I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..
QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?[/QUOTE]
I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..
QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?[/QUOTE]
sk2006
06-06 03:44 PM
why are all the non-GC-holder desis even debating owning a home?!!
is that not, like, the most laughable, stupid thing to do?
what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........
go buy your american dream you stupid desis...........you get what you deserve.
Truth: Harshly put.
In the words of the famous Indian poet Mirza Ghalib:->
"Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
Kahte to hain bhale ki wo lekin buri tarah"
Translation:
"Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".
is that not, like, the most laughable, stupid thing to do?
what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........
go buy your american dream you stupid desis...........you get what you deserve.
Truth: Harshly put.
In the words of the famous Indian poet Mirza Ghalib:->
"Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
Kahte to hain bhale ki wo lekin buri tarah"
Translation:
"Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".
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