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yvjoshi100
07-10 05:28 PM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
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smuggymba
07-27 01:01 PM
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
eb3India
08-03 06:03 PM
labor subst is good for those who can use it and of course it'z not fair for others,
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
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snathan
03-27 12:19 PM
How about rajinikanth, vijaykanth, kamalhasan..........
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
If vijayakanth becomes PM...we dont have to worry about pak terror any more.
By talk itself this guy will kill every one...
By the way I also nominate T.Rajendar...
Why would only we suffer.
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
If vijayakanth becomes PM...we dont have to worry about pak terror any more.
By talk itself this guy will kill every one...
By the way I also nominate T.Rajendar...
Why would only we suffer.
more...
dagabaaj
07-07 11:59 AM
My wife applied for her EAD in Dec 2007. We recd the EAD in May 2008 but with incorrect A#. Our Corp lawyer advised us to return the EAD card to USCIS with a new I-765 Application and correct information on it.
1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
3) What should be our further course of action?
1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
3) What should be our further course of action?
shirish
10-24 03:34 PM
I have a question on a similer subject, but not exactly labour sub
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
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eb3_nepa
10-23 01:19 PM
Best of luck!
Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.
If anyone knows any website that explains how LC substitution works please post a link on here.
Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.
If anyone knows any website that explains how LC substitution works please post a link on here.
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snram4
01-17 10:14 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
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zCool
05-11 10:13 AM
Takes 4 years to get Aussie citizenship now..
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
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aranya
12-14 03:33 PM
So that interprets to "7% limit for every country" - seems to be "Equality"
Equal yes but also separate and that did not work very well in the past, did it?
Equal yes but also separate and that did not work very well in the past, did it?
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qasleuth
05-28 11:55 PM
[B]
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?
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lc1978
01-13 02:23 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
more...
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kumar1
07-11 01:10 AM
Well, there is just one crieteria, work your ass off and get 40 points.
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reachinus
07-30 04:04 PM
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
Thanks for your time in advance.
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
more...
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at0474
12-13 02:15 PM
"There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
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BharatPremi
05-16 06:12 PM
Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
more...
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texanguy
05-29 12:34 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)
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boreal
01-24 12:26 PM
I think, it is too light a sentence for the crook
hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!
hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!
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arunmohan
06-03 07:34 PM
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.
IV and Donor members please proceed for this. I am willing to donate money for this.
We can ask from Ron Gotcher if this is possible or not.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.
IV and Donor members please proceed for this. I am willing to donate money for this.
We can ask from Ron Gotcher if this is possible or not.
Ramba
08-17 03:48 PM
May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.
Good:) joke..
Good:) joke..
la6470
01-15 07:09 PM
What happens to them?
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