mrajatish
07-08 07:22 PM
There are a lot of protections in immigration law for us beneficiaries.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
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khelanphelan
05-24 12:11 PM
Did the brownback amendment pass with the CIR?
saurav_4096
07-13 10:29 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
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transpass
03-26 03:36 AM
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
Where is this ace technology, and I wonder if it's a small firm...
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
Where is this ace technology, and I wonder if it's a small firm...
more...
gcisadawg
12-22 06:23 PM
So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?
Dude, if you havent heard about it, it is already happening.
http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/
One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.
Dude, if you havent heard about it, it is already happening.
http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/
One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.
GCisLottery
05-24 12:53 PM
How does a media person whose objective is to get good rating and keep the show on air for as long as he could matter for our goals?
Can we find something else to talk about?
Can we find something else to talk about?
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logiclife
12-26 04:40 PM
What Channel?
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nojoke
06-26 08:27 PM
Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
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coolest_me
12-26 05:40 PM
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
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validIV
06-25 03:42 PM
You just gave an example of a guy who owns his own house.
Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.
As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.
Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.
As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.
more...
xyzgc
12-27 01:29 AM
great posts by alisa, gcisadawg and abcdgc. I don't agree with alisa but the posts are decent.
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gondalguru
07-08 08:00 PM
Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.
My pay stub still has SSN.
Its always good to keep all the paystubs / w2/ tax returns / employment verifications letter / what ever other evidences you have.. especially employment based GC applicants
My pay stub still has SSN.
Its always good to keep all the paystubs / w2/ tax returns / employment verifications letter / what ever other evidences you have.. especially employment based GC applicants
more...
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waitnwatch
08-05 03:13 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
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Macaca
12-20 08:12 AM
A glance at year-end actions in Congress (http://www.mercurynews.com//ci_7761858?IADID=Search-www.mercurynews.com-www.mercurynews.com) Associated Press, 12/19/2007
A look at actions in Congress on Wednesday:
BUDGET BATTLE
Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.
ALTERNATIVE MINIMUM TAX
Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.
GUNS
Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.
HEAT AID
Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.
SCHIP
Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.
TOY SAFETY
The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.
CIA DESTROYED TAPES
The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.
CONFIRMATIONS
The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.
A look at actions in Congress on Wednesday:
BUDGET BATTLE
Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.
ALTERNATIVE MINIMUM TAX
Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.
GUNS
Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.
HEAT AID
Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.
SCHIP
Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.
TOY SAFETY
The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.
CIA DESTROYED TAPES
The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.
CONFIRMATIONS
The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.
more...
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Refugee_New
01-06 12:57 PM
And look at what India is going thru. Each and every year, bomb blasts in multiple cities.
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
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Macaca
03-19 01:20 PM
New Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007
The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.
The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."
"I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.
"For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."
But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.
But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.
"However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."
(Last Thursday, the Appropriations Committee approved the bill without the language.)
The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.
The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."
"I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.
"For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."
But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.
But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.
"However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."
(Last Thursday, the Appropriations Committee approved the bill without the language.)
more...
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NKR
07-14 03:52 PM
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I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
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xyzgc
01-01 01:30 PM
I agree partly with what Alisa is saying ..war is definitely not the answer ..hopefully as years pass by (my feeling is atleast 50 years) ...more and more pakistanis will realise that the key to better life is to lead a modern life and become a modern country like malaysia(which has its own faults though).
on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?
Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?
Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.
on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?
Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?
Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.
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unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
GCKaMaara
12-17 02:40 PM
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
GCKaMaara
01-10 04:55 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
