And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
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Here is the link:
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1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
In California have anyone explored a Duplex/Triplex market where 2 parties buy a multiplex togather they pay less money, get a good location and good school district. I have heard a lot of success stories, plus duplex is like 2 single family homes with yards/decks etc. 2 friends buy the property togather, you also get usual tax deduction and NO HOA like town homes... (if you pay 300/mo HOA you end up paying 108000 in 30 years). I think owning a multiplex for about 5 years then renting it out and getting a single family home makes a lot of sense for long term...what say!
In an announcement that has stunned the computer industry, Ken Thompson, Dennis Ritchie and Brian Kernighan admitted that the Unix operating system and C programming language created by them is an elaborate prank kept alive for over 20 years. Speaking at the recent UnixWorld Software Development Forum, Thompson revealed the following:
"In 1969, AT&T had just terminated their work with the GE/Honeywell/AT&T Multics project. Brian and I had started work with an early release of Pascal from Professor Niklaus Wirth's ETH Labs in Switzerland and we were impressed with its elegant simplicity and power. Dennis had just finished reading 'Bored of the Rings', a National Lampoon parody of the Tolkien's 'Lord of the Rings' trilogy. As a lark, we decided to do parodies of the Multics environment and Pascal. Dennis and I were responsible for the operating environment. We looked at Multics and designed the new OS to be as complex and cryptic as possible to maximize casual users' frustration levels, calling it Unix as a parody of Multics, as well as other more risque! allusions. We sold the terse command language to novitiates by telling them that it saved them typing.
Then Dennis and Brian worked on a warped version of Pascal, called 'A'. 'A' looked a lot like Pascal, but elevated the notion of the direct memory address (which Wirth had banished) to the central concept of the "pointer" as an innocuous sounding name for a truly malevolent construct. Brian must be credited with the idea of having absolutely no standard I/O specification: this ensured that at least 50% of the typical commercial program would have to be re-coded when changing hardware platforms.
Brian was also responsible for pitching this lack of I/O as a feature: it allowed us to describe the language as "truly portable". When we found others were actually creating real programs with A, we removed compulsory type-checking on function arguments. Later, we added a notion we called "casting": this allowed the programmer to treat an integer as though it were a 50kb user-defined structure. When we found that some programmers were simply not using pointers, we eliminated the ability to pass structures to functions, enforcing their use in even the simplest applications. We sold this, and many other features, as enhancements to the efficiency of the language. In this way, our prank evolved into B, BCPL, and finally C.
We stopped when we got a clean compile on the following syntax: for(;P("\n"),R-;P("|"))for(e=C;e-;P("_"+(*u++/8)%2))P("| "+(*u/4)%2);
At one time, we joked about selling this to the Soviets to set their computer science progress back 20 or more years.
Unfortunately, AT&T and other US corporations actually began using Unix and C. We decided we'd better keep mum, assuming it was just a passing phase. In fact, it's taken US companies over 20 years to develop enough expertise to generate useful applications using this 1960's technological parody. We are impressed with the tenacity of the general Unix and C programmer. In fact, Brian, Dennis and I have never ourselves attempted to write a commercial application in this environment.
We feel really guilty about the chaos, confusion and truly awesome programming projects that have resulted from our silly prank so long ago."
Dennis Ritchie said: "What really tore it (just when ADA was catching on), was that Bjarne Stroustrup caught onto our joke. He extended it to further parody Smalltalk. Like us, he was caught by surprise when nobody laughed. So he added multiple inheritance, virtual base classes, and later ...templates. All to no avail. So we now have compilers that can compile 100,000 lines per second, but need to process header files for 25 minutes before they get to the meat of "Hello, World".
Major Unix and C vendors and customers, including AT&T, Microsoft, Hewlett-Packard, GTE, NCR, and DEC have refused comment at this time.
Borland International, a leading vendor of object-oriented tools, including the popular Turbo Pascal and Borland C++, stated they had suspected for Windows was originally written in C++. Philippe Kahn said: "After two and a half years programming, and massive programmer burn-outs, we re-coded the whole thing in Turbo Pascal in three months. I think it's fair to say that Turbo Pascal saved our bacon". Another Borland spokesman said that they would continue to enhance their Pascal products and halt further efforts to develop C/C++.
Professor Wirth of the ETH Institute and father of the Pascal, Modula 2, and Oberon structured languages, cryptically said "P.T. Barnum was right." He had no further comments.
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Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.
Wish everyone the best ...keep up the spirit and the good work.
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You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?
Indian and U.S. relations went through both highs and lows in 2010, with roadblocks on nuclear cooperation and outsourcing creating some rifts in a relationship that is strengthening overall, as U.S. President Barack Obama said on his first visit here in November.
Here are five India Real Time blogs that present a sense of the diversity of the political, economic and cultural ties between�yes, we have to say it��the world�s oldest democracy and the world�s largest democracy.�
Sure, some Americans still see Indians as job-stealers. During the Arkansas Democratic primary earlier this year, a group called Americans for Job Security tried to capitalize on that perception with an ad that had various Indian characters thanking candidate Bill Halter for sending them jobs. Many Americans, and not just those of Indian or Asian descent, found the ad a wee bit tasteless.
And sometimes India still feels on unequal footing with the U.S. The verdict this summer by a Bhopal court in the Union Carbide pesticide plant gas leak case of 1984 stirred up grievances India still harbors towards the United States from a time when the country wasn�t viewed as an emerging nation and had little ability to bargain with the American superpower.
This year seven former Indian executives of the now defunct Union Carbide India Ltd. were found guilty of negligence in connection with a disaster that killed thousands. No American executive stood trial and Union Carbide Corp. the parent company, never admitted negligence though it did agree to a $470 million settlement five years after the leak. The feeling that an American firm had got off lightly because it hailed from a country more powerful than India sometimes still rankles and set off a cry again this year to extradite then Union Carbide Corp. chair Warren Anderson, now in his eighties.
But couch potatoes in both countries can still share a laugh at and with each other. Following the theory that the best comedy comes from the things we really want to cry about, as Americans complained about job losses and Indian IT firms complained about a hike in skilled-worker visa fees, NBC waded into the fray with a sitcom called �Outsourced.� Reviews for the show, which premiered in September, and comments from India Real Time readers , were mixed.
Culturally, the two countries exchanged some things. From motorcycles to Broadway-inspired theme parks, India drew a lot from the United States. Meanwhile, Indians are now providing suits to Obama and recipes to the rest of America. And at least one Indian-American came to greater prominence in the United States.
And the most powerful man in the world (or second-most, with China�s Hu Jintao apparently ahead this year) says the two countries have overcome the coldness of the past, when India aligned more closely to the former USSR. In his landmark address to Parliament Mr. Obama said that India and the U.S. �have an historic opportunity to make the relationship between our two countries a defining partnership of the century ahead.� He also said the two countries must work together to create jobs, fight terror, promote democracy around the world.
Of course, in order to achieve all those things, India Real Time suggested that the two countries, like any couple that is in it for the long haul , must work out the kinks in their own relationship.
India U.S. Ties in 2010 (http://online.wsj.com/article/SB10001424052970203731004576046822308542558.html) By IndiaRealTime
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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?
Thanks for bringing this up. I hear so many explanations related to the work location.
The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.
The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.
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With what you say, there is no guarantee for a long long time. So that means there is no guarantee till the kids become big and have their own kids, so should one live in an apartment for years and years?.
You say that renting gives you more mobility, why shouldn�t a person whose job is long term and who loves his job and who is not required to travel buy a house close by his office?
A house comes with its own baggage. Of course if someone decides to buy a house he would have already known what he is getting into. He would definitely factor in all the fees, taxes, insurance etc. Even considering all of these, if he/she thinks it is good for him and his family to buy a house, why should not having a GC prevent him from not buying?.
Dude, it will cost you less then 50$ for the paint. I and my wife painted our living room together by ourselves, when one is making a decision to buy a house costing hundreds and thousands of dollars do you think he will worry about kids painting the wall?.
The only rational point I see in your post is that it might not be a good idea to buy a house now and it probably makes more sense to wait and watch.
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I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
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Since everyone is posting what they want, I guess I can also just post anything here....
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I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
Obvious questions is; why take the risk.
A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.
However; i am sure uscis would have smartened up now...
I can't give you a definitive answer with whether they would reject the case or not.
Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.
In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.
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from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.
Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.
When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.
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The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).
On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.
Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).
Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).
Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.
So you stand to lose:
1. Your down payment of $120k
2. Your cash at closing if you sell in 4 years: $55k
3. Rental differential: 48 months X (3700 - 2000) = $81k
Total potential loss: $250,000!!!
This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.
My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier t his decade.
Jung.lee very good second post from you. People still think it is very easy to keep on holding onto your home for long time till turn around happens.
But life events can cause you to sell like
1. Job loss and not able to find job in the same area till back up money runs out.
2. Kids grow up and you need to pay for college and you have little saving as you are holding to see turn around
3. Hope not but some medical emergency.
There can be many more situations. Do you know what people are currently doing in these situation ?
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Personally I will be scared to buy now as my payment will be more than 50% of my salary and any of above situations will cause me to sell.
The prices have to become saner ....
This is very different from anything we have seen. Wall street will change, money will be harder to come by.
I think time to say " Welcome savings again ". Long term very good for US as country.
It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....
Wish it was joke.