ashishgour
09-17 11:37 AM
Guess they are reaching a bi-partisan consent about giving discretion to judges...hopefully this gets done soon..we shud be up next..
wallpaper Flubber. Storyline
rockstart
07-02 11:17 AM
Here is what I guess people are scared of
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
bugsbunny
04-17 03:04 PM
Looks like you are one of the beneficiaries of H1 who does not have good education. You can console yourself with the word 'skill' and all that computer jargon The bottomline is H1B visa is for professionals. However, in the past few years, Indian IT bodyshops have sent underskilled computer operators to the US to enhance their operating margins. This will come to end very soon and has to come to an end very soon. I think the process has already begun. Number of H1b visas rejected at Indian bodyshops have gone up. Operating margins at Infosys has shrunk significantly. Infosys and other bodyshops have seen stock price plummet drastically.
Companies such as Congizant have stopped bringing people from India on H1. Rather they are trying to hire people in the US who already have H1B visas. The illegals who have gotton their H1B from shady consultants in NJ, CA and elsewhere. Congizant is doing community service by legalizing illegals. The people who sat on the bench during recession while holding their H1B visas without a paycheck. Sorry with paycheck which needs to be refunded to the employer by personal check. Stop the fraud, please stop the fraud.
Again you have provided no arguments to support why you believe IGNOU or Univ or Phoenix are fraudulent. Just because you believe they are...does not automatically make them so. Please provide proper reasoning.
Instead you jumped to a different topic of IT bodyshops which is unrelated to the two people who asked if they qualify for EB2
Companies such as Congizant have stopped bringing people from India on H1. Rather they are trying to hire people in the US who already have H1B visas. The illegals who have gotton their H1B from shady consultants in NJ, CA and elsewhere. Congizant is doing community service by legalizing illegals. The people who sat on the bench during recession while holding their H1B visas without a paycheck. Sorry with paycheck which needs to be refunded to the employer by personal check. Stop the fraud, please stop the fraud.
Again you have provided no arguments to support why you believe IGNOU or Univ or Phoenix are fraudulent. Just because you believe they are...does not automatically make them so. Please provide proper reasoning.
Instead you jumped to a different topic of IT bodyshops which is unrelated to the two people who asked if they qualify for EB2
2011 Flubber / Flubber
sobers
02-22 09:51 AM
Bill Frist Website
http://frist.senate.gov/index.cfm?FuseAction=Columns.Detail&Column_id=82
AMERICA MUST NURTURE HOMEGROWN HIGH-TECHNOLOGY WORKFORCE
--Op/Ed in San Jose Mercury News--
Senator Frist listens as Dr. James Wingate, President of LeMoyne-Owen College in Tennessee, expresses support for the inclusion of the SMART Grant program in this week's Senate budget reconciliation bill, 11/2/05
February 2006 - Every time I visit Silicon Valley I'm reminded of a simple fact: American businesses lead the world because they employ talented people. From the top executives at companies like Apple and Cisco to the science and engineering students I'll speak with Monday at San Jose State University, Americans sit on the cutting edge of technology.
We have less than 5 percent of the world's population but produce almost a quarter of its wealth and enjoy the highest per capita income of any large industrial economy. Americans receive more patents than the citizens of any other country, have the world's best university system, do most of the world's basic research, and take home the lion's share of Nobel Prizes in the sciences.
As many people working in Northern California's technology sector have realized, however, we can't afford complacence. China and India together now produce at least twice as many engineers as the United States. Both have fast growing populations and high-quality universities. In search of profits, companies have begun to outsource more low- and medium-skilled jobs to these nations.
No amount of funding, furthermore, would allow the United States to catch -- much less exceed -- China and India's combined production of scientific personnel. We just don't have enough people. Even at our own universities, foreigners earn an ever-increasing percentage of degrees in the hard sciences. Some remain, but many end up taking their valuable skills back home. American companies, meanwhile, have thousands of scientific and engineering openings that they can't fill.
If we hope to remain the world's pre-eminent economic power,/ we need to produce more scientists and engineers and train them better. One recent study, indeed, found that 85 percent of income growth stems from technological change.
While every American deserves a high-quality education, we need to target additional resources on the most talented students to ensure America retains its competitive edge. In particular, we need to provide an incentive to all of America's bright, driven low-income students who want to pursue careers in the sciences. Right now, far too many talented students from poor backgrounds drop out of college or shift away from hard science because of the expense. It's bad for the country.
One program that the president signed into law earlier this year takes the first major step toward fixing the problem. The SMART Grant program, which I developed, will focus assistance on students in science, math and strategic foreign languages who earn B averages or better during their junior and senior years of college. Next year, the California State University system estimates, more than 3,000 students systemwide -- including many at San Jose State -- will benefit from the program. Many will have their tuition payments eliminated entirely and the numbers will rise in coming years as the program attracts more people into the sciences. Thousands more students in the University of California system will also benefit.
Of course, tuition subsidies alone can't ensure that we'll have enough talented workers. In the coming months, Congress will consider the president's proposals to improve K-12 math education, increase funding for basic research, support high-risk/high-reward applied science projects, and make the research and development tax credit permanent. Fiscal realities, of course, will play a role in any final decision as Congress examines these proposals.
Silicon Valley companies already do an excellent job recruiting America's best and brightest. Now the government needs to build on its efforts to increase the ranks of homegrown scientists and engineers.
http://frist.senate.gov/index.cfm?FuseAction=Columns.Detail&Column_id=82
AMERICA MUST NURTURE HOMEGROWN HIGH-TECHNOLOGY WORKFORCE
--Op/Ed in San Jose Mercury News--
Senator Frist listens as Dr. James Wingate, President of LeMoyne-Owen College in Tennessee, expresses support for the inclusion of the SMART Grant program in this week's Senate budget reconciliation bill, 11/2/05
February 2006 - Every time I visit Silicon Valley I'm reminded of a simple fact: American businesses lead the world because they employ talented people. From the top executives at companies like Apple and Cisco to the science and engineering students I'll speak with Monday at San Jose State University, Americans sit on the cutting edge of technology.
We have less than 5 percent of the world's population but produce almost a quarter of its wealth and enjoy the highest per capita income of any large industrial economy. Americans receive more patents than the citizens of any other country, have the world's best university system, do most of the world's basic research, and take home the lion's share of Nobel Prizes in the sciences.
As many people working in Northern California's technology sector have realized, however, we can't afford complacence. China and India together now produce at least twice as many engineers as the United States. Both have fast growing populations and high-quality universities. In search of profits, companies have begun to outsource more low- and medium-skilled jobs to these nations.
No amount of funding, furthermore, would allow the United States to catch -- much less exceed -- China and India's combined production of scientific personnel. We just don't have enough people. Even at our own universities, foreigners earn an ever-increasing percentage of degrees in the hard sciences. Some remain, but many end up taking their valuable skills back home. American companies, meanwhile, have thousands of scientific and engineering openings that they can't fill.
If we hope to remain the world's pre-eminent economic power,/ we need to produce more scientists and engineers and train them better. One recent study, indeed, found that 85 percent of income growth stems from technological change.
While every American deserves a high-quality education, we need to target additional resources on the most talented students to ensure America retains its competitive edge. In particular, we need to provide an incentive to all of America's bright, driven low-income students who want to pursue careers in the sciences. Right now, far too many talented students from poor backgrounds drop out of college or shift away from hard science because of the expense. It's bad for the country.
One program that the president signed into law earlier this year takes the first major step toward fixing the problem. The SMART Grant program, which I developed, will focus assistance on students in science, math and strategic foreign languages who earn B averages or better during their junior and senior years of college. Next year, the California State University system estimates, more than 3,000 students systemwide -- including many at San Jose State -- will benefit from the program. Many will have their tuition payments eliminated entirely and the numbers will rise in coming years as the program attracts more people into the sciences. Thousands more students in the University of California system will also benefit.
Of course, tuition subsidies alone can't ensure that we'll have enough talented workers. In the coming months, Congress will consider the president's proposals to improve K-12 math education, increase funding for basic research, support high-risk/high-reward applied science projects, and make the research and development tax credit permanent. Fiscal realities, of course, will play a role in any final decision as Congress examines these proposals.
Silicon Valley companies already do an excellent job recruiting America's best and brightest. Now the government needs to build on its efforts to increase the ranks of homegrown scientists and engineers.
more...
PresidentO
05-14 10:07 AM
Are u a crazy ??? He is not teaching you (Looks like you need some teaching anyway)
Just a question , how are you fighting the immigration war.. (You fight a war , and solve a problem)
Anyone has the right to express his opinion. You start calling people coward..
If you have nothing in India to cherish for, Doesn't mean that other people dont have it either?
sidbee,
I am afraid you are being naive here. What the OP is saying is
(1) We should all go back to our home land, because he has some opinions and positions on what is considered turning back to home land. You might not see it but he is trying to shape opinion of others very intelligently. Who says this? Some one who does not want competition here. Well, if this was coming from some one who is in India I will give him props. He is in US for 10 years and he is saying US GC system sucks and I will go to canada in 2 years. Damn it! I am better than him because I will go to India and not canada. I will stop short of saying that every one should go back to India or his/her homeland.
(2) We all have no right to talk because this is not our country. or We are not in our country and we should not talk. Who says this? Again folks who dont want people here.
(3) Even if I give him the benefit of doubt on other issues, he thinks country caps are OK. Any one who argues for country caps in EB GC with out asking for a country caps in F1/H1B which server as conduit to H1B actually wants the disadvantage to lot of people to his advantage.
Just dont read the words as it is. try to infer some thing. These days trolls have got too much brains.
Just a question , how are you fighting the immigration war.. (You fight a war , and solve a problem)
Anyone has the right to express his opinion. You start calling people coward..
If you have nothing in India to cherish for, Doesn't mean that other people dont have it either?
sidbee,
I am afraid you are being naive here. What the OP is saying is
(1) We should all go back to our home land, because he has some opinions and positions on what is considered turning back to home land. You might not see it but he is trying to shape opinion of others very intelligently. Who says this? Some one who does not want competition here. Well, if this was coming from some one who is in India I will give him props. He is in US for 10 years and he is saying US GC system sucks and I will go to canada in 2 years. Damn it! I am better than him because I will go to India and not canada. I will stop short of saying that every one should go back to India or his/her homeland.
(2) We all have no right to talk because this is not our country. or We are not in our country and we should not talk. Who says this? Again folks who dont want people here.
(3) Even if I give him the benefit of doubt on other issues, he thinks country caps are OK. Any one who argues for country caps in EB GC with out asking for a country caps in F1/H1B which server as conduit to H1B actually wants the disadvantage to lot of people to his advantage.
Just dont read the words as it is. try to infer some thing. These days trolls have got too much brains.
satishku_2000
05-23 02:19 PM
The whole premise is influence. Meaning even though the lawmaker (representative) knows that the callers cannot vote or donate to his/her campaign yet, this "yet" is a powerful incentive. They know that sooner or later you will become a permanent resident and eventually a citizen and are already contributing towards the constituency by paying taxes, there will be an incentive to work for the agenda of tomorrow's influential populous. Therefore I believe that it will not hurt to call lawmakers and will make a strong show of support from his/her constituents. Of course, this is just one avenue and other avenues are also being pursued like petitions, lobbying, flyers, campaigns etc.
Well said ..
Well said ..
more...
Vexir
06-12 02:43 AM
Like this:
My iPod:
http://www.flickr.com/photos/55343257@N00/18478716/in/set-436369/
My iPod:
http://www.flickr.com/photos/55343257@N00/18478716/in/set-436369/
2010 Flubber
inskrish
08-19 01:50 PM
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
more...
no538
07-11 10:45 PM
story/rumor was that only Texas center was holding off application...is Nebraska doing that too?
My attorney said that he received my I-485 application back from Nebraska service center on the 9th statting that priority date is not current.
My application is I-140 PP(EB3 to EB2 (Nov 2003)PD transfer)+I-485.
I've got the receipt for I-140 and my application was received by USCIS on June 29th.
I think my case is different and they would have got confused with everything going on and just returned the application.
My attorney sent the packet back to USCIS saying that my PD is current in June with the PD Transfer and that they should accept it.
I'll update with whatever happens.
Cheers,
Raghu
My attorney said that he received my I-485 application back from Nebraska service center on the 9th statting that priority date is not current.
My application is I-140 PP(EB3 to EB2 (Nov 2003)PD transfer)+I-485.
I've got the receipt for I-140 and my application was received by USCIS on June 29th.
I think my case is different and they would have got confused with everything going on and just returned the application.
My attorney sent the packet back to USCIS saying that my PD is current in June with the PD Transfer and that they should accept it.
I'll update with whatever happens.
Cheers,
Raghu
hair Flubber (1997)
viva
02-06 08:03 PM
I totally agree with you viva...
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
more...
mirage
03-10 05:29 PM
Why ??
PD beyond 2007 July will not be there
PD beyond 2007 July will not be there
hot Flubber - Uma Invençaõ
trueguy
08-16 10:30 AM
:) wait till september, i betting we will see 25-28k eb2 approvals, good for them i guess. it is typical with USCIS, towards the end of the year they wake up and go overtime in approving the cases.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
more...
house Flubber dvd cover
mrajatish
10-03 10:15 AM
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Second this post - point is, there is no easy solution to this mess until we work together to achieve the common goal of increasing # of visas available for Green card.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Second this post - point is, there is no easy solution to this mess until we work together to achieve the common goal of increasing # of visas available for Green card.
tattoo Flubber Pics
unitednations
03-31 11:51 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
more...
pictures Flubber_Disc.rar (1.70 MB, 12 downloaders )
gcdreamer05
04-27 11:06 PM
Thank you stuck in the muck, i will follow these in the year 2019 when i get my green card and hopefully if i am alive !!!!!!!!! :D:eek::rolleyes::mad::(
dresses Robin Williams i Flubber
tinamatthew
07-17 10:42 PM
Can your spouse work? ...yes
What will be her status if she uses EAD?.... GRAY area no one knows
What if you get GC first and some problem with your wifes petition?....Gray area no one knows
What if your wife is on F1 (got EAD and AP) and she graduates waiting for a long time for GC ..can she jump to another status ...Gray area..If yes any problem with her status...no one knows
Can you start business on EAD...GRAY area no one knows
Do you think they will allow you to travel on H1 all the time if you have AP... for some luck ones yes but for some others nope...they are forced to use AP..
Its much horrible after getting EAD and AP and waiting....
Well you will realize " Nothing is better than nonsense...interim state"
Its good to have EAD and AP but its not worth waiting for so long after you get them.
We were successful in bring in some change...why don't we work a little bit more to fix the system and get the GC faster..
"Jab Loha garam hein..tabhi kuch karneka hein...whatever...
All i want to state is lets continue...and dont give up until tere is improvement with the GC
How about waiting till after August 17th. We need to catch our breaths after such a GREAT task!!
What will be her status if she uses EAD?.... GRAY area no one knows
What if you get GC first and some problem with your wifes petition?....Gray area no one knows
What if your wife is on F1 (got EAD and AP) and she graduates waiting for a long time for GC ..can she jump to another status ...Gray area..If yes any problem with her status...no one knows
Can you start business on EAD...GRAY area no one knows
Do you think they will allow you to travel on H1 all the time if you have AP... for some luck ones yes but for some others nope...they are forced to use AP..
Its much horrible after getting EAD and AP and waiting....
Well you will realize " Nothing is better than nonsense...interim state"
Its good to have EAD and AP but its not worth waiting for so long after you get them.
We were successful in bring in some change...why don't we work a little bit more to fix the system and get the GC faster..
"Jab Loha garam hein..tabhi kuch karneka hein...whatever...
All i want to state is lets continue...and dont give up until tere is improvement with the GC
How about waiting till after August 17th. We need to catch our breaths after such a GREAT task!!
more...
makeup Flubber (1997) guide and
chanduv23
02-01 12:58 PM
Consulting companies bring physicians to the US annd place them for research and observerships, these candidates while doing research, do their USMLE and when they get a residency transfer h1b.
I have seen newspaper advertisements in India inviting MBBS doctors for these jobs
I have seen newspaper advertisements in India inviting MBBS doctors for these jobs
girlfriend Flubber (1997)
srikondoji
07-10 11:42 AM
I can trust this guy because of his recent past blogs which turned true.
Can i celebrate? I want to.
Can i celebrate? I want to.
hairstyles FLUBBER (1997) Movie Poster
desi3933
01-22 08:12 AM
......
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
docwa
05-20 04:26 PM
Hi I am a physician in Oregon and my parents are visiting too in July. I called Kaiser regarding this, and this is what I was told.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
whoever
02-12 05:19 PM
maybe tomorrow, and if not then maybe friday the 16th. anyway, if you are eb3 india, it wont move. maybe eb3 india and of course others will move in april 07 bulletin.
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