deba
07-03 05:04 PM
I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
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willigetgc?
01-14 01:53 PM
.
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)
If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!
Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!
I don't know whether you are wasting your time, but I definitely am!
BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)
If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!
Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!
I don't know whether you are wasting your time, but I definitely am!
BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
yabadaba
06-27 03:21 PM
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
maybe i should wish that i was color blind
maybe i should wish that i was color blind
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tammman
09-23 09:18 PM
I think its worth giving it a short, I support this.
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shukla77
05-29 04:38 PM
Following is my small idea
-Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
- Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
-continue on this for next 3 months
( Key is to keep doing this every weekend 3-4 Months)
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
-Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
- Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
-continue on this for next 3 months
( Key is to keep doing this every weekend 3-4 Months)
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
voldemar
03-28 03:08 PM
Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
I think that labor substitution is approved if I-140 is approved.
Again, I'm not a lawyer, it's just my understanding.
Will you please tell us which text you are refering to?
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
I think that labor substitution is approved if I-140 is approved.
Again, I'm not a lawyer, it's just my understanding.
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ardnahc
07-21 05:56 PM
I concur with all the folks in this forum here.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
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_TrueFacts
09-04 12:01 PM
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
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vjkypally
09-23 05:41 PM
Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
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smisachu
06-16 03:22 PM
Dear fellow. There are various types of population segregation. If you set a high bench mark then only those capable of achieving it will come in. But in the US immigration system, the bench mark is set low and after gathering the population they are just making the flow a trickle. This is like collecting dirty water in a barrel and turning the tap to a trickle to filter impurities. If you want to filter impurities put a filter before the water enters the barrel.
That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):
EB1- Only PhD�s period.
EB2A- People with Masters from US universities (STEM+MBA)
EB2B- people with Masters from other countries (STEM+MBA)
EB3A- People with Bachelors in STEM
EB3B- People with Bachelors (Others), and so on.
Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.
Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).
By the way I don�t think that they are trying to filter at all. They have just screwed up.
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):
EB1- Only PhD�s period.
EB2A- People with Masters from US universities (STEM+MBA)
EB2B- people with Masters from other countries (STEM+MBA)
EB3A- People with Bachelors in STEM
EB3B- People with Bachelors (Others), and so on.
Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.
Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).
By the way I don�t think that they are trying to filter at all. They have just screwed up.
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
more...
InTheMoment
09-25 06:22 PM
I think you have summarized pre-adjudication quite well.
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
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alisa
02-15 02:13 AM
How would letting "people" know that there is a problem help? The only people that matter are politicians.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
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msp1976
02-18 09:45 PM
Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.
I would say Amen to that....
Hallelullah!.................
The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
You see if the wait for GC was just 2/3 years...no one would ask for the 485 without PD provision.....
But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
There are cases of marriages falling apart because of this issue...
Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??
I would say Amen to that....
Hallelullah!.................
The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
You see if the wait for GC was just 2/3 years...no one would ask for the 485 without PD provision.....
But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
There are cases of marriages falling apart because of this issue...
Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??
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Pineapple
12-14 05:45 PM
Read my previous post explaining how things would work without country limits.
All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.
I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:
"When you rob Peter to pay Paul, you can always rely on support from Paul"
:rolleyes:
We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.
The main point is, based on current caps and quotas, all of us are stuck.
One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.
I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:
"When you rob Peter to pay Paul, you can always rely on support from Paul"
:rolleyes:
We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.
The main point is, based on current caps and quotas, all of us are stuck.
One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
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lacrossegc
09-25 11:48 PM
IMHO ... The reason why the bailout is needed is because credit is tight, no one has the money to lend any money to ANYONE no matter what your Credit Score is. They want money NOW and cannot wait till people will comeup and buy a home. This idea of attaching immigration related stuff will fly only if you are willing to pay a full house price and no mortgage is needed. In essence ... expanded EB5 program in the lines of the following points
1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
3) Program sunsets in 1 month of enactment
1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
3) Program sunsets in 1 month of enactment
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Marphad
03-29 08:21 PM
My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
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alterego
12-14 05:11 PM
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
That is utterly preposterous.
Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
That is utterly preposterous.
Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.
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ebizash
07-27 02:35 PM
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
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Edison99
09-24 11:54 AM
when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
Good Question though!
Good Question though!
ArkBird
04-02 03:30 AM
愛你的幽默感 :)
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
unitednations
02-18 09:59 PM
Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
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One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
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