nixstor
12-13 09:13 PM
IMHO "legally" exploiting the system is illegal. I don't blame the system because any system will have some flaws in them. I would rather blame people who take advantage of situations esp in scenarios like this. We all know how much time some people has waited here. We heard a story on Monday right? Have we already forgot that? IV's goals and objectives are clear on its home page. Here comes the OP, registers himself and comes up with his first post of Labor substitution and how to better himself. I don't see any thing wrong in pete getting fired up. This exact attitude is the result of 6500 members and not 25,000 or what ever.
>>it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.<<
If I was judging you I would have concluded that you support what the OP is doing and wouldn't asked you what your stand is. It depends on how you understand what I said. Those NASDAQ listed companies you were referring to might have substituted labors but I am sure they wouldn't charge X dollars for giving a better PD or deduct from payroll under some other miscellaneous stuff. I am aware of what you are talking and what OP is talking and they are not the same. I don't need to explicitly tell how desi shops work with
pre-approved labor, esp in the current situation.
>>it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.<<
If I was judging you I would have concluded that you support what the OP is doing and wouldn't asked you what your stand is. It depends on how you understand what I said. Those NASDAQ listed companies you were referring to might have substituted labors but I am sure they wouldn't charge X dollars for giving a better PD or deduct from payroll under some other miscellaneous stuff. I am aware of what you are talking and what OP is talking and they are not the same. I don't need to explicitly tell how desi shops work with
pre-approved labor, esp in the current situation.
wallpaper animal cell organelles diagram. animal cell parts diagram.
Sheila Danzig
02-25 09:07 PM
Thank you - that is good to hear.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
praky
05-30 02:43 AM
Dunnito
2011 animal cell organelles
aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
more...
guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
vxb2004
11-09 11:06 PM
Mine was filed on July 17th at NSC with RD Sep 10th. It got transferred to TSC, I received EAD,AP for me and my wife but havent recd FP. Opened service request 3 weeks back of no avail....:confused:
more...
hiralal
04-22 07:03 AM
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
2010 animal cell organelles
Soul
02-09 12:15 PM
Thanks Big K :ub:
- Soul :goatee:
- Soul :goatee:
more...
illinois_alum
07-24 02:33 PM
Self E-Filed for wife on June 24'08
FP: July 16'08
No word on approval yet!
PD: Feb 18 '06
I-140 Approved June '06
I-485 Filed July '07
FP: July 16'08
No word on approval yet!
PD: Feb 18 '06
I-140 Approved June '06
I-485 Filed July '07
hair Plant and animal cells are
akhilmahajan
06-19 12:22 PM
Could you please send to me also?
Send you a PM also.
Send you a PM also.
more...
cjagtap
08-01 11:49 AM
anyone who filed at TSC got receipts? i mean 2nd july guys?
hot semi-fluid cell interior
mrajatish
12-28 10:02 PM
Per AC 21, it is soft quota - if you think about it, it is pretty simple.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
more...
house organelles of animal cells
Guig0
02-10 09:55 AM
all 3 of you :P :(
Thank you very much! ;)
Thank you very much! ;)
tattoo Plant and Animal Cell
singhsa3
08-16 09:09 AM
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
more...
pictures Animal+cell+parts+labeled
lazycis
12-21 12:58 PM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.
That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.
dresses a plant or animal cell and
munnu77
02-21 04:55 PM
why r we wasting time in such a useless topic...
those who really want to help IV financillay and r backing off frm just some false rumours...
Go to the post Office and send a money order...so tht u dont have to worry abt anything...anyway..its a matter of time u will know all theses rumours were false...
We might succeed in ending GC retrogression...but i am sure some desi minds will retrogress for the next 100 years...
those who really want to help IV financillay and r backing off frm just some false rumours...
Go to the post Office and send a money order...so tht u dont have to worry abt anything...anyway..its a matter of time u will know all theses rumours were false...
We might succeed in ending GC retrogression...but i am sure some desi minds will retrogress for the next 100 years...
more...
makeup and an animal cell as well
mmj
04-19 03:46 PM
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
girlfriend Plant cells (unlike animal
nivasch
04-02 11:07 AM
Again sent the fax#10 and 11 to NJ Sen
Nivas
Nivas
hairstyles The role of the nucleus is
Sheila Danzig
12-12 08:03 AM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
Easygoer,
From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?
Also, could you let me know which month and year your appeal got cleared?
Thanks a lot for your help.
n_2006
05-22 04:00 PM
I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
diptam
08-15 12:43 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
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