unitednations
03-26 05:51 PM
Does this mean that H1B is also location specific?
There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.
Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.
However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.
There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.
Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.
However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.
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Macaca
12-30 07:15 PM
Binayak Sen: India's war on a man of peace
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
xyzgc
12-30 02:23 AM
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.
Thats the vicious cycle.
It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.
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abracadabra102
08-06 04:54 PM
We are in a letter campaign mode and we can write something like this :-)
========Complaint====
Atlanta, Georgia
September 13, 1970
Director
Billing Department
Shell Oil Company
P.O. Box XXXX
Tulsa, Oklahoma 74102
Dear Sir:
I have been a regular customer of the Shell Oil Company for several years now, and spend approximately $40.00 per month on Shell products. Until recently, I have been completely satisfied with the quality of Shell products and with the service of Shell employees.
Included in my most recent statement from your department was a bill for $12.00 for a tire which I purchased at the Lowell I. Reels Shell station in McAdenville, N.C. I stopped at this station for gasoline and to have a timing malfunction corrected. The gasoline cost $5.15; eight new plugs cost $9.36; labor on the points $2.50. All well and good.
Earlier in the day I had a flat tire, which the attendant at the Lowell I. Reels station informed me that he was unable to fix. He suggested that I purchase a tire from him in order that I have a spare for the remainder of my journey to Atlanta. I told him that I preferred to buy tires from home station in Atlanta, but he continued to stress the risk of driving without a spare. My reluctance to trade with an unknown dealer, even a Shell dealer, did not discourage him and finally, as I was leaving, he said that out of concern for my safety (my spare was not new) and because I had made a substantial expenditure at his station, he would make me a special deal. He produced a tire ("Hits a good one. Still has the tits on it. See them tits. Hits a twenty dollar tar.") which I purchased for twelve dollars and which he installed on the front left side for sixty-five cents. Fifty miles further down the highway, I had a blowout.
Not a puncture which brought a slow, flapping flat, nor a polite ladyfinger firecracker rubberburpple rupture (pop); but a howitzer blowout, which reared the the hood of my car up into my face, a blowout, sir, which tore a flap of rubber from this "tire" large enough to make soles for both sandals of a medium sized hippie. In a twinkling, then, I was driving down Interstate 85 at sixty miles per hour on three tires and one rim with rubber clinging to it in desperate shreds and patches, an instrument with a bent, revolving, steel-then-rubber-then-steel rim, whose sound can be approximated by the simultaneous placing of a handful of gravel and a young duck into a Waring Blender.
The word "careen" does no justice whatever to the movement that the car then performed. According to the highway patrolman's report, the driver in the adjoining lane, the left hand-- who, incidentally, was attempting to pass me at the time-- ejaculated adrenelin all over the ceiling of his car. My own passengers were fused into a featureless quiver in the key of "G" in the back seat of my car. The rim was bent; the tits were gone; and you can f--k yourself with a cream cheese dildo if you entertain for one moment the delusion that I intend to pay the twelve dollars.
Sincerely yours,
/s/ T.B.T.
========Complaint====
Atlanta, Georgia
September 13, 1970
Director
Billing Department
Shell Oil Company
P.O. Box XXXX
Tulsa, Oklahoma 74102
Dear Sir:
I have been a regular customer of the Shell Oil Company for several years now, and spend approximately $40.00 per month on Shell products. Until recently, I have been completely satisfied with the quality of Shell products and with the service of Shell employees.
Included in my most recent statement from your department was a bill for $12.00 for a tire which I purchased at the Lowell I. Reels Shell station in McAdenville, N.C. I stopped at this station for gasoline and to have a timing malfunction corrected. The gasoline cost $5.15; eight new plugs cost $9.36; labor on the points $2.50. All well and good.
Earlier in the day I had a flat tire, which the attendant at the Lowell I. Reels station informed me that he was unable to fix. He suggested that I purchase a tire from him in order that I have a spare for the remainder of my journey to Atlanta. I told him that I preferred to buy tires from home station in Atlanta, but he continued to stress the risk of driving without a spare. My reluctance to trade with an unknown dealer, even a Shell dealer, did not discourage him and finally, as I was leaving, he said that out of concern for my safety (my spare was not new) and because I had made a substantial expenditure at his station, he would make me a special deal. He produced a tire ("Hits a good one. Still has the tits on it. See them tits. Hits a twenty dollar tar.") which I purchased for twelve dollars and which he installed on the front left side for sixty-five cents. Fifty miles further down the highway, I had a blowout.
Not a puncture which brought a slow, flapping flat, nor a polite ladyfinger firecracker rubberburpple rupture (pop); but a howitzer blowout, which reared the the hood of my car up into my face, a blowout, sir, which tore a flap of rubber from this "tire" large enough to make soles for both sandals of a medium sized hippie. In a twinkling, then, I was driving down Interstate 85 at sixty miles per hour on three tires and one rim with rubber clinging to it in desperate shreds and patches, an instrument with a bent, revolving, steel-then-rubber-then-steel rim, whose sound can be approximated by the simultaneous placing of a handful of gravel and a young duck into a Waring Blender.
The word "careen" does no justice whatever to the movement that the car then performed. According to the highway patrolman's report, the driver in the adjoining lane, the left hand-- who, incidentally, was attempting to pass me at the time-- ejaculated adrenelin all over the ceiling of his car. My own passengers were fused into a featureless quiver in the key of "G" in the back seat of my car. The rim was bent; the tits were gone; and you can f--k yourself with a cream cheese dildo if you entertain for one moment the delusion that I intend to pay the twelve dollars.
Sincerely yours,
/s/ T.B.T.
more...
validIV
06-08 08:23 PM
You are a genius.
Thanks but flattery will get you nowhere.
Thanks but flattery will get you nowhere.
gc_check
04-08 06:45 PM
Hi pitha,
Thanks for posting this info. Could you please share the source of this information?
None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.
From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.
There was some discussion about H1B Program in CNN's Lou Dobbs program today and not surprised, as usual it was all against H1B... He had people form Programmers Guild speak and they mentioned about this Durbin-Grassley Bill and he also mentioned that in the house a similar Bill will be introduced by Congressman Bill Pascrell.
http://www.pascrell.house.gov/
Looks like, the Anit-Immigration / Anti- H1B/L1 are executing an already well planned strategy. We need to do something on this� else as someone wrote in some forum; this will be a slow-bleed and will eventually kill the h1b program. Now or never, we need to join hands and have to do what is possible to assist the core and ourselves.
Thanks for posting this info. Could you please share the source of this information?
None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.
From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.
There was some discussion about H1B Program in CNN's Lou Dobbs program today and not surprised, as usual it was all against H1B... He had people form Programmers Guild speak and they mentioned about this Durbin-Grassley Bill and he also mentioned that in the house a similar Bill will be introduced by Congressman Bill Pascrell.
http://www.pascrell.house.gov/
Looks like, the Anit-Immigration / Anti- H1B/L1 are executing an already well planned strategy. We need to do something on this� else as someone wrote in some forum; this will be a slow-bleed and will eventually kill the h1b program. Now or never, we need to join hands and have to do what is possible to assist the core and ourselves.
more...
ItIsNotFunny
01-06 01:19 PM
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
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willwin
07-14 08:54 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Agreed! But what is your problem? Check your pressure ASAP. It doesn't spare you just because you are EB2!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Agreed! But what is your problem? Check your pressure ASAP. It doesn't spare you just because you are EB2!
more...
alien2006
05-24 02:43 PM
... who to criticize for that day. His four favorties - India, China, Mexico and "this administration not doing anything"
Note these four favorites, every program will have one or more of the above.
But the one thing that really annoys the hell out of me is his really dumb polls. They are always biased to what he wants to proclaim - like 90% agree to this and 85% agree to this. Watch his polls regularly and you will understand.
Anyways, thats the last from me about this guy.
Note these four favorites, every program will have one or more of the above.
But the one thing that really annoys the hell out of me is his really dumb polls. They are always biased to what he wants to proclaim - like 90% agree to this and 85% agree to this. Watch his polls regularly and you will understand.
Anyways, thats the last from me about this guy.
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cagedcactus
04-07 05:43 PM
I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.
more...
Macaca
03-19 01:23 PM
Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)
Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )
The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.
This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.
Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )
The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.
This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.
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smisachu
12-31 11:10 AM
Just putting LOL doesn't make it a joke..As I said India has bitten off flesh from Pakistan 4 TIMES!!! What do you have to show for your bite???
What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.
And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.
Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D
What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.
And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.
Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D
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mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
tattoo various bridal magazines.
nogc_noproblem
08-06 06:46 PM
A lawyer was on his deathbed in his bedroom, and he called to his wife.
She rushed in and said, "What is it, honey?"
He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.
The wife was curious, so she asked, "What are you doing, honey?"
He shouted "I'm looking for loopholes!"
She rushed in and said, "What is it, honey?"
He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.
The wife was curious, so she asked, "What are you doing, honey?"
He shouted "I'm looking for loopholes!"
more...
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reddog
07-14 03:33 PM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
dresses lack hairstyle magazines.
sledge_hammer
03-24 11:51 AM
Can you please elaborate?
I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
more...
makeup Star Hairstyles magazine.
mbartosik
04-09 12:38 AM
There are a few banks with names like "first immigrant bank" around NY.
If they turned you down, you could say, hey, just remind me what the name of the bank is?
Of course H1B, L1, J1 are non-immigrant visas (with dual intent) to be more precise. But you get the joke.
You might consider using a mortgage broker.
They get commission on the loan so they will work harder to find something. Only be careful they don't stick you with something with crap terms. Also if you give a deposit make it not only contingent on mortgage, but contingent on mortgage at no more than X% APR and Y mortgage terms, that way if the mortgage company changes the deal at closing (bait and switch - dirty practice - more likely to occur with a broker) then you can just get your deposit back and walk away. In this market, a small deposit (if any) should be acceptable.
Also if the realtor selling the property is a licensed mortgage broker, after you have agreed a price, you could use them to get your mortgage. There is an obvious conflict of interest and you are trying to work it to your advantage. If they cannot find you a mortgage with terms that you like they lose on both sides of the deal! That's what I did, and I'm very happy with the mortgage deal I got.
Also do research on mortgage terms. Understand what is ARM, LIBOR, t-note, types of fees and penalties, you are high skilled -- do your research so you know as much as the mortgage broker on technical terms. If you understand the terms and they know that you know, then you will be taken more seriously.
If they turned you down, you could say, hey, just remind me what the name of the bank is?
Of course H1B, L1, J1 are non-immigrant visas (with dual intent) to be more precise. But you get the joke.
You might consider using a mortgage broker.
They get commission on the loan so they will work harder to find something. Only be careful they don't stick you with something with crap terms. Also if you give a deposit make it not only contingent on mortgage, but contingent on mortgage at no more than X% APR and Y mortgage terms, that way if the mortgage company changes the deal at closing (bait and switch - dirty practice - more likely to occur with a broker) then you can just get your deposit back and walk away. In this market, a small deposit (if any) should be acceptable.
Also if the realtor selling the property is a licensed mortgage broker, after you have agreed a price, you could use them to get your mortgage. There is an obvious conflict of interest and you are trying to work it to your advantage. If they cannot find you a mortgage with terms that you like they lose on both sides of the deal! That's what I did, and I'm very happy with the mortgage deal I got.
Also do research on mortgage terms. Understand what is ARM, LIBOR, t-note, types of fees and penalties, you are high skilled -- do your research so you know as much as the mortgage broker on technical terms. If you understand the terms and they know that you know, then you will be taken more seriously.
girlfriend of Hairstyle Magazines
milind70
07-10 12:51 AM
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
hairstyles Hairstyles Magazine black
Refugee_New
01-06 02:32 PM
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
Bpositive
01-06 04:50 PM
"They win people like you who would support killing on innocent civilians and school kids. "
You must be kidding me!!
You must be kidding me!!
validIV
06-25 03:10 PM
This thread, according to the OP, was about long term prospects about buying a home. If you look at it in this context, especially to all the renters here, consider this:
If you are renting for 30 years, at the end of those 30 years you wind up with nothing.
If you own your home and instead use that rent money to pay for your home, and in most cases a little extra more money, at the end of those 30 years you wind up with your own house. Even if the value of the home goes to ZERO which is literally impossible, in the end you wind up with a home.
30 years is a long time and anything could happen. History has shown us that economies fluctuate and will continue to do so whether we buy a house or not. The question for you is which of those 2 situations above do you want to be in after 30 years.
For those who want to wind up with a home consider looking at auctions. There was a huge auction hosted by REDC here in NY that almost sold all of its properties on the first day:
Foreclosure Home & Properties: Foreclosed Homes, Condo Repos, Repossession, Real Estate Sale (http://www.auction.com/)
before you consider buying in your neighborhood, please look at the inventory first. Some homes are sold for cash only, but some can be financed. I attended the NYC auction and it was crazy. They have upcoming auctions on most US states and you can also attend the auction online.
If you are renting for 30 years, at the end of those 30 years you wind up with nothing.
If you own your home and instead use that rent money to pay for your home, and in most cases a little extra more money, at the end of those 30 years you wind up with your own house. Even if the value of the home goes to ZERO which is literally impossible, in the end you wind up with a home.
30 years is a long time and anything could happen. History has shown us that economies fluctuate and will continue to do so whether we buy a house or not. The question for you is which of those 2 situations above do you want to be in after 30 years.
For those who want to wind up with a home consider looking at auctions. There was a huge auction hosted by REDC here in NY that almost sold all of its properties on the first day:
Foreclosure Home & Properties: Foreclosed Homes, Condo Repos, Repossession, Real Estate Sale (http://www.auction.com/)
before you consider buying in your neighborhood, please look at the inventory first. Some homes are sold for cash only, but some can be financed. I attended the NYC auction and it was crazy. They have upcoming auctions on most US states and you can also attend the auction online.
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