Mike Tyson Tattoos

Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.

But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.

The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.

Remember, legally you are not supposed while on h4.

Even though this is your first post ever you are right, so you seem to understand things much better than people who have been following this forever. There are no favaroable amendments for us, the "good news" so far is proposed amendment from Collins which is going to abolish consulting for H1!!!!!!!!!!!! This is the sort of favorable amendmnets which will keep comming if the CIR comes back and on top of this, the reporter who wrote about this amendmnet, says that this brainwave amendment came after Microsoft CEO Steve Balmer met with Kyl!!!!!!!!!!

The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:

Lets hope cir dies and if not then start opposing CIR

I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.

PS I do hope I am proven wrong though :-)

It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.

But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.

The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.

Remember, legally you are not supposed while on h4.

Well if only I had known that 5 years back :)

call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.

Thank you for the update and can you provide me the details how to take the infoPass.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

As per this memo -

While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

With this, I am not sure, the defense of PD is not current is going to work.

Here are the questions that I have:

1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

I would like to know what various attorneys think about this

When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?

10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

I was working on getting those documents, I was in constant touch with my employer...

two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl

Here is the chance to to show what are we doing at this forum at University of Wisconsin-Milwaukee. Core members and expert from Midwest and Milwaukee area can enroll to attend this conference on immigration. Below is the information i am copying from UWM wesite. For further information you can click link written in below infromation.


CfP, "Immigration: Many Faces; Many Facets"
(Campus)


Apr. 26-27, 2007

Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.

Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.

Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...


Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700



Thanks
IneedAllGreen

logiclife,

Is this related to IsnAmerica.org? I see many people in both the places. If these two are different then it is really bad that we are not uniting our efforts.

my 2 cents
Rishi

I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
The web site clearly says that you should be a citizen or a green card to open an account

Did anyone opened it recently.

Drop by to local branch and you should not have any issue. Most of institutions have GC or citizens only for opening a/c ONLINE (even CitiBank NRI used to have issue, I'm not sure of it now). It works if you drop by to the local office. I'd also had issue w/ eTrade and Scottrade's online but it worked when I walked-in to local office.

In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.

He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.

My understanding is that beneficiary must be in-status at the time of filing for change of status.

Thanks!

Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...

CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....

If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.

On mine and my spouse the online status just changed. I did not recieve any email.

Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President

H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


The assault on H-1B's is not only offensive, it's dangerous. Here's why:



* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form

* * *

Please participate

I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

my labor is filed EB3 Skilled worker

he mentioned with in EB3 there are 2 categories Skilled and professional

for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

but for eb3 skilled employer has complete discretion of defining edu requirements.

mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

and it looks very fishy from the denial letter

denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

I can paste exact content of denial by tomorrow.

I'm sorry if this has been posted before, but the show is based on the following study:

************************************************

Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
Contacts:
Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners

More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog

(KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.

The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.

�The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�

Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.

In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.

The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.

Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.

Among key findings in the most recent report:

Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.

�Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

About the research team
For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
Read the report

http://www.cnn.com/2006/EDUCATION/02/15/science.math.ap/index.html

Here is an article that indicates that the push for better education in Math and Science is not shared by the public.

The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?