I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
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Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
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Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.
Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.
Within IV there is a number of postings of h-1b denials.
You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.
However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.
Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.
I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.
check around with your companies, friends, etc.
USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.
Are you still on H-1b?
If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.
Thanks UN, I am not in that situation, I was just trying to clarify because I see so many ambiguous explanations related to work location. And By the way, I am on EAD.
So, not to be outdone, in the weeks that followed, American scientists dug 200 meters and headlines in the US papers read: "US scientists have found traces of 2000 year old optical fibers, and have concluded that their ancestors already had advanced high-tech digital telephone 1000 years earlier than the Russians."
One week later, the Indian newspapers reported the following: "After digging as deep as 500 meters, Indian scientists have found absolutely nothing. They have concluded that 5000 years ago, their ancestors were already using Bluetooth and Wireless technology."
Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.
Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.
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Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......
India was perhaps the first successful example of natives gaining independence from a colonial European power....
also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)
Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......
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No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
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Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.
Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.
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wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...
... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.
... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!
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For a one-party state that tolerates practically no open defiance of its authority, Beijing�s gentle handling of hundreds of striking truckers in Shanghai who had paralyzed operations at one of China�s largest container ports seems an anomaly. Instead of sending in riot police to break up the blockade last week, the authorities in Shanghai agreed to reduce fees levied on the truckers, who were angry over the charges and rising fuel prices.
The outcome of this incident couldn�t be more different from another recent event: the arrest of Ai Weiwei, one of China�s most prominent political activists. Ai has repeatedly defied the ruling Communist Party and, despite his international stature, Beijing decided to put him behind bars, ignoring widespread international condemnation.
The contrast between these two incidents raises an intriguing question: why does Beijing tolerate certain forms of protest, but represses others?
One obvious reason is that it depends on the nature of the protest. As a rule, a frontal challenge to the authority of the Chinese Communist Party, as Ai�s activities embodied, practically guarantees a harsh response from the government. But protest inspired by specific economic grievances, such as truckers� ire over excessive fees, seems to fare better. In the eyes of the ruling party, the former constitutes an existential threat and so no concessions are seen as able to appease political activists rejecting the very legitimacy of the regime.
In contrast, the discontent generated by well-defined economic grievances can be treated with specific concessions. One quote, allegedly from a sitting senior Politburo member, says it all: �What are the contradictions among the people?� the Politburo member supposedly asked. �(These contradictions) can all be solved by using renminbi.�
But things are a little more complicated than this. The reality is that even when dealing with protests or riots fuelled by specific socioeconomic grievances, the behavior of the Chinese authorities isn�t always consistent. Sometimes, government officials pacify protesters through the use of the renminbi, while other times they mercilessly crush such protest.
So how do we make sense of such apparent inconsistencies?
It seems that the type of response to social protest�harsh or soft�depends on a complex mix of factors such as who the protesters are, the resources and organizational capacity at their disposal, the economic sectors in which they are located, and the social repercussions of their protest. Generally speaking, highly organized protesters (such as truck drivers, discharged soldiers and officers of the People�s Liberation Army, and taxi drivers) tend to fare better. They also possess resources that can be easily and effectively deployed. Taxi and truck drivers, for example, can use their vehicles to paralyze traffic and produce instantaneous and widespread social and economic disruptions.
Former PLA servicemen, meanwhile, have a strong institutional identity and are well-connected with each other through ties forged during their military service. Research conducted by Chinese scholars shows that protests organized by former PLA servicemen tend to get the most attention�and the softest treatment�from the government. In contrast, protests by peasants are handled more harshly as they are less organized, possess few strategic assets, and have little impact beyond their villages.
Another important factor is the political calculations of local officials. Despite the popular image of the Chinese state as a hierarchical, top-down system, there�s no uniform national manual for handling protests. This leaves a great deal of discretion at the hands of local officials, but it also places them in a political quandary. Whenever a mass protest erupts, local officials have to think and react fast, but deploying riot police and using force against protesters isn�t necessarily the preferred modus operandi since this could prompt an escalation in violence. Local officials who mishandle mass protests risk demotion or even dismissal, so they must calculate how to end such demonstrations peacefully and quickly, while ensuring that their actions won�t also encourage future protests. It�s a difficult balancing act.
So what influences the political calculations of local officials?
As I�ve said, it�s in large part the nature of the protest, the strength of the protesters, and the likely effects of the protest�all are critical variables. Local officials usually avoid using violence against protests inspired by economic discontent and organized by workers in strategic sectors (transportation and energy, for example). Another factor at play is simply the amount of renminbi available to local officials for buying off the protesters. In the case of striking truckers, the Shanghai municipal government, the wealthiest local jurisdiction in China, has plenty of money. But in poorer areas, the renminbi option just doesn�t exist.
Another factor is media glare�the more media coverage (particularly international media coverage), the more constraints on local officials� use of force. Last, the location of the protest is key. When such protests happen in remote villages or towns, they are quickly and ruthlessly crushed. But when they occur in urban centres, the government (usually) responds more cautiously and gently.
All this means that the happy ending for the striking truckers in Shanghai shouldn�t be taken as an encouraging precedent for workers in other sectors who might think the government will back down in the face of economic demands�however justifiable they might be.
Minxin Pei is a professor of government at Claremont McKenna College
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DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
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Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".
"Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".
"You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"
The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".
"Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"
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We can understand what they mean.
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....