desi3933
08-05 04:06 PM
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
wallpaper H. G. WELLS#39; WAR OF THE WORLDS
mariner5555
04-14 04:41 PM
but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
pani_6
07-13 01:15 PM
What ever you might say Lawyers acted in DOL advise..
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
2011 H. G. Wells
psvk
08-05 06:02 PM
We always hear "the rules" from the female side. Now here are the rules from the male side. These are our rules! Print this out and pass to your partner for a greater understanding:
.
Could not stop laughing on most of them. Thanks to all.
Most of them on the same topic. Hope you guys not having FUN(!) at home :D:D
.
Could not stop laughing on most of them. Thanks to all.
Most of them on the same topic. Hope you guys not having FUN(!) at home :D:D
more...
axp817
03-26 05:52 PM
Does this mean that H1B is also location specific?
Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.
Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.
imvoice1234
01-08 12:18 PM
Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
more...
grupak
07-13 01:40 PM
If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
First off, we are here to get our GC faster so the effort is commendable.
However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
First off, we are here to get our GC faster so the effort is commendable.
However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.
2010 H. G. Wells.
Pineapple
07-07 10:04 PM
Do you have a good, competent lawyer you trust? That is the most important thing.
Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.
Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.
more...
gc28262
07-13 10:45 AM
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
hair The War of the Worlds
Macaca
12-30 06:53 PM
Oppression born of fear
There is fear at the heart of the Chinese and Russian systems. (http://www.telegraph.co.uk/comment/telegraph-view/8229075/Oppression-born-of-fear.html)
Daily Telegraph Editorial
An over-mighty state crushes those whom it deems its opponents. Yet in doing so it exposes its weakness. Take the cases of Liu Xiaobo, who yesterday marked his 55th birthday in prison in China, and Mikhail Khodorkovsky, currently on trial in Russia. The reaction of the Chinese government earlier in the year to the award of the Nobel Peace Prize to Mr Liu was hysterical. Because the dissident and his family were not permitted to attend the ceremony, the prize was placed on an empty chair, a potent symbol of the oppressive nature of the Communist Party; in short, a diplomatic disaster.
The relentless pursuit of Mr Khodorkovsky has likewise further tarnished Russia's image. The former head of the oil company Yukos is likely to be sentenced to a six-year term this week for embezzlement and money-laundering, shortly before he completes an earlier, eight-year sentence for tax evasion. The charge that he stole �16.3 billion of oil revenues between 1998 and 2003 is absurd. And the political nature of the case has been made crystal clear by Vladimir Putin, the prime minister, who said earlier this month that "a thief must sit in jail". Mr Khodorkovsky's cardinal sin, in Mr Putin's eyes, is to have provided funding to opposition parties. His second sentence will mean he will be out of the way well beyond the presidential election scheduled for March 2012.
These two men are being hounded because they challenge the status quo, which in China is the political monopoly of the Communist Party, and in Russia, bureaucratic cronyism. In both countries, those who have grown rich and powerful under such conditions want to keep things as they are. Yet the very intensity of the persecution reveals a fear at the heart of each system that its authority is more fragile than it might appear. Does the emperor have any clothes?
Ivory Coast election crisis: A roadmap for African political reform (http://www.csmonitor.com/Commentary/Global-Viewpoint/2010/1230/Ivory-Coast-election-crisis-A-roadmap-for-African-political-reform) By Frazer & Berggruen | CSM
There is fear at the heart of the Chinese and Russian systems. (http://www.telegraph.co.uk/comment/telegraph-view/8229075/Oppression-born-of-fear.html)
Daily Telegraph Editorial
An over-mighty state crushes those whom it deems its opponents. Yet in doing so it exposes its weakness. Take the cases of Liu Xiaobo, who yesterday marked his 55th birthday in prison in China, and Mikhail Khodorkovsky, currently on trial in Russia. The reaction of the Chinese government earlier in the year to the award of the Nobel Peace Prize to Mr Liu was hysterical. Because the dissident and his family were not permitted to attend the ceremony, the prize was placed on an empty chair, a potent symbol of the oppressive nature of the Communist Party; in short, a diplomatic disaster.
The relentless pursuit of Mr Khodorkovsky has likewise further tarnished Russia's image. The former head of the oil company Yukos is likely to be sentenced to a six-year term this week for embezzlement and money-laundering, shortly before he completes an earlier, eight-year sentence for tax evasion. The charge that he stole �16.3 billion of oil revenues between 1998 and 2003 is absurd. And the political nature of the case has been made crystal clear by Vladimir Putin, the prime minister, who said earlier this month that "a thief must sit in jail". Mr Khodorkovsky's cardinal sin, in Mr Putin's eyes, is to have provided funding to opposition parties. His second sentence will mean he will be out of the way well beyond the presidential election scheduled for March 2012.
These two men are being hounded because they challenge the status quo, which in China is the political monopoly of the Communist Party, and in Russia, bureaucratic cronyism. In both countries, those who have grown rich and powerful under such conditions want to keep things as they are. Yet the very intensity of the persecution reveals a fear at the heart of each system that its authority is more fragile than it might appear. Does the emperor have any clothes?
Ivory Coast election crisis: A roadmap for African political reform (http://www.csmonitor.com/Commentary/Global-Viewpoint/2010/1230/Ivory-Coast-election-crisis-A-roadmap-for-African-political-reform) By Frazer & Berggruen | CSM
more...
krishnam70
03-26 07:59 PM
[QUOTE=unitednations;329983]
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
hot War Of the Worlds (2005)
xyzgc
01-09 01:04 PM
refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?
more...
house AscorMovies.com In this bad copycat of HG Wells#39; classic sci-fi horror,
nojoke
04-15 04:31 PM
We are mixing too many different aspects of home buying and creating confusion.
We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.
The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.
That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.
We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.
The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.
That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.
tattoo Best: War of the Worlds (2005)
pkak
12-27 08:31 PM
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.
Here is the link:
http://indiatoday.digitaltoday.in/index.php?option=com_content&task=view&id=22432&Itemid=1&issueid=84§ionid=30&page=archieve&limit=1&limitstart=0
Here is the link:
http://indiatoday.digitaltoday.in/index.php?option=com_content&task=view&id=22432&Itemid=1&issueid=84§ionid=30&page=archieve&limit=1&limitstart=0
more...
pictures HG Wells#39;s War of the Worlds,
sc3
08-05 06:41 PM
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
dresses H. G. Wells Martian (War of
pitha
04-09 12:42 PM
Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
more...
makeup H.G. Wells War of the Worlds
axp817
03-26 06:30 PM
here is the link.
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
girlfriend “War of the Worlds” (2005)
nogc_noproblem
08-07 12:02 AM
Poland�s worst air disaster ever occurred today . . .
. . . When a two passenger Cessna 250 crashed into a large cemetery just outside of Warsaw.
So far, 367 bodies have been found and authorities indicate the count could rise as digging continues.
. . . When a two passenger Cessna 250 crashed into a large cemetery just outside of Warsaw.
So far, 367 bodies have been found and authorities indicate the count could rise as digging continues.
hairstyles War of the Worlds: Golioath
NKR
09-26 09:34 AM
Hello there,
highly skilled immigrants have a buying power
Thanks
Yes, that is why they have allowed you to keep renewing your H1s and/or EADs so that you can keep buying. They will not give you GC soon
highly skilled immigrants have a buying power
Thanks
Yes, that is why they have allowed you to keep renewing your H1s and/or EADs so that you can keep buying. They will not give you GC soon
i4u
09-20 08:11 AM
How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
pitha
04-07 01:56 PM
You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.
A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
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