dilbert_cal
03-16 08:52 PM
I saw a similar thread in one of the anti-immigration forums.
It was about members of immigration voice using filthy language in public forums. Don�t remember the exact words but it read something like �is this kind of third world behavior we get by bringing in so-called HIGHLY SKILLED immigrants to USA?�
Are you referring to OP ( ganguteli )
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
It was about members of immigration voice using filthy language in public forums. Don�t remember the exact words but it read something like �is this kind of third world behavior we get by bringing in so-called HIGHLY SKILLED immigrants to USA?�
Are you referring to OP ( ganguteli )
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
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optimystic
03-28 08:08 PM
Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
Macaca
01-25 08:54 PM
Assume the following worst case.
1. We create an authentic database of member payments.
2. All non-paying members are unhappy and/or leave.
Let us have a civil and focussed debate on the following strongly related questions.
1. What is the utility of a non-paying member?
2. What is lost if a non-paying member leaves?
1. We create an authentic database of member payments.
2. All non-paying members are unhappy and/or leave.
Let us have a civil and focussed debate on the following strongly related questions.
1. What is the utility of a non-paying member?
2. What is lost if a non-paying member leaves?
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gc?
05-24 12:47 PM
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letstalklc
07-12 03:28 PM
Currently Active Users Viewing This Thread: 598 (71 members and 527 guests)
Every one eagerly waiting for this month's visa bulletin, that's why, but no (598) seems to be high.
Every one eagerly waiting for this month's visa bulletin, that's why, but no (598) seems to be high.
DesiGuy
09-11 11:27 AM
found this excellent details and thought should share it. :)
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
GOVERNMENT 101: How a Bill Becomes Law
A.
Legislation is Introduced - Any member can introduce a piece of legislation
House - Legislation is handed to the clerk of the House or placed in the hopper.
Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
* The bill is assigned a number. (e.g. HR 1 or S 1)
* The bill is labeled with the sponsor's name.
* The bill is sent to the Government Printing Office (GPO) and copies are made.
* Senate bills can be jointly sponsored.
* Members can cosponsor the piece of Legislation.
B.
Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Committee Steps:
1. Comments about the bill's merit are requested by government agencies.
2. Bill can be assigned to subcommittee by Chairman.
3. Hearings may be held.
4. Subcommittees report their findings to the full committee.
5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires 2/3 vote)2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.
C.
Floor Action
1. Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)
Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
2. Debate
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."
3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
D.
Conference Committee
1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
3. The conference report must be approved by both the House and the Senate.
E.
The President - the bill is sent to the President for review.
1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
F.
The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
GOVERNMENT 101: How a Bill Becomes Law
A.
Legislation is Introduced - Any member can introduce a piece of legislation
House - Legislation is handed to the clerk of the House or placed in the hopper.
Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
* The bill is assigned a number. (e.g. HR 1 or S 1)
* The bill is labeled with the sponsor's name.
* The bill is sent to the Government Printing Office (GPO) and copies are made.
* Senate bills can be jointly sponsored.
* Members can cosponsor the piece of Legislation.
B.
Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Committee Steps:
1. Comments about the bill's merit are requested by government agencies.
2. Bill can be assigned to subcommittee by Chairman.
3. Hearings may be held.
4. Subcommittees report their findings to the full committee.
5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires 2/3 vote)2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.
C.
Floor Action
1. Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)
Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
2. Debate
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."
3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
D.
Conference Committee
1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
3. The conference report must be approved by both the House and the Senate.
E.
The President - the bill is sent to the President for review.
1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
F.
The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.
more...
sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
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sanju
04-04 02:31 PM
To be frank, I was not aware of this loophole used by L1s so it came as a shock to me when I came to know of it. Anyways complaining will not take us far, action will. I will call my lawmakers. Does anyone have a list of lawmakers based on state or city.
Thank you ss_col.
This thread has lots of information about calling lawmakers:
http://immigrationvoice.org/forum/showthread.php?t=3814
Please request your spouse and friends to calls lawmakers.
Thank you ss_col.
This thread has lots of information about calling lawmakers:
http://immigrationvoice.org/forum/showthread.php?t=3814
Please request your spouse and friends to calls lawmakers.
more...
abhijitp
08-20 01:43 PM
Nice of you abhijitp, I amd northwest part of country won't be able to make it , But I am telling my friends in Tri-State and VA to attend that
Not to single you out, but why aren't people from the West willing to attend the rally?
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
Not to single you out, but why aren't people from the West willing to attend the rally?
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
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anzerraja
07-20 09:29 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
more...
bpadala
06-07 09:56 AM
I filed mine on May 12 and sent to Phoenix Lock box and had the same issue. My checks are not cashed and am going through the same pain as you do. My lawyer suggested its not unusual to have these delays and it could take upto 4 weeks for the receipt notice to come. I am still tensed as the checks are not cashed and there is no receipt for the renewal. Please let me know how you are proceeding or find any new info
I will also share updates from my end
Thanks alot
I will also share updates from my end
Thanks alot
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Ramba
01-10 06:27 PM
If he stayed for 180 days and used AC21 then AC21 WILL protect this person
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
more...
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ebizash
07-09 06:31 PM
Guys, please start your own thread if you have a specific question and don't hijack my thread.
Thanks
ebizash
Thanks
ebizash
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addsf345
11-19 07:13 PM
Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
more...
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alinaturkova
01-15 12:48 PM
This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college? The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa? Do they have information regarding the "I-130" process in their database? I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process? I mean switching to "H1B" after I finish college. Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college? The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa? Do they have information regarding the "I-130" process in their database? I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process? I mean switching to "H1B" after I finish college. Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
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snathan
03-16 01:52 PM
well - for the antis - the ONLY post they liked seems to be "pack your bags and go home". Lets not try to force ourselves to satisfy them.
Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.
It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.
We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.
Infighting is common - it happens everywhere. People seldom change.
See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......
So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean
I agree with most of the points. Don�t we need to have moderate this site to keep junkies and illegal out of this site.
Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.
It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.
We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.
Infighting is common - it happens everywhere. People seldom change.
See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......
So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean
I agree with most of the points. Don�t we need to have moderate this site to keep junkies and illegal out of this site.
more...
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RandyK
02-15 10:15 PM
Googler,
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Optimystic -- is your PD current?
The movement of EB-3 ROW will mop up most of the green cards left this year.
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Optimystic -- is your PD current?
The movement of EB-3 ROW will mop up most of the green cards left this year.
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Lisap
09-13 12:13 PM
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ChainReaction
10-19 09:26 AM
I have my I-140 approved from previous employer , and my labor for the current employer is stuck at BEC center. Can i get a three year extension on my H1b ? OR the I-140 has to be from the current employer?
Thanks
Thanks
jkamel5
07-10 05:25 PM
Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
saileshdude
08-28 11:43 AM
I know sir every one has right to choose whatever they want but info pass only gives you the answer which in online or when u call them its the same thing. and for your information i have filed my application on june 2nd and still not received anything...and it can cause my job....and when i tried to get info pass it does not allow me another city when i put my zip code and all the dates in the next month are taken..........
Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
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