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07-08 10:41 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
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sanju
04-07 05:51 PM
I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
nojoke
01-03 04:22 PM
Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
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Macaca
12-29 08:01 PM
Why we must reclaim religion from the right-wing (http://www.rediff.com/news/column/column-why-we-must-reclaim-religion-from-the-right-wing/20101229.htm) By Yoginder Sikand | Rediff
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
more...
desi3933
08-06 12:43 PM
Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
vikki76
04-08 01:48 PM
New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?
8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?
more...
saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
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rajuram
07-13 02:35 PM
Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
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file485
07-07 09:41 PM
Hi Manu..
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
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unitednations
03-26 08:35 PM
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.
If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.
California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.
With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.
for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.
btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.
If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.
California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.
With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.
for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.
btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.
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Macaca
03-05 09:08 AM
Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
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sk2006
06-05 02:41 PM
...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
Infact many SAW it coming..
In 2005 when every body I knew, was buying houses to avoid being 'Priced out' of the housing market, I too thought of buying. So I started to do some reading on the world wide web. I realized that many bloggers and experts are warning people of the bubble and warning of a hard crash coming and they supported their claims with data!
Such people were not heard and covered by main stream media like CNN or CNBS channel.
Most people I know talked to their wives or real estate agents and bought houses.
Infact many SAW it coming..
In 2005 when every body I knew, was buying houses to avoid being 'Priced out' of the housing market, I too thought of buying. So I started to do some reading on the world wide web. I realized that many bloggers and experts are warning people of the bubble and warning of a hard crash coming and they supported their claims with data!
Such people were not heard and covered by main stream media like CNN or CNBS channel.
Most people I know talked to their wives or real estate agents and bought houses.
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unitednations
08-02 06:06 PM
UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
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unitednations
08-09 01:38 PM
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
This has been written about to many times. You need to research this on immigration.com.
As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.
However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.
they were going to try to assess that if I was making too much money then how would i take another job with lower salary.
I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.
My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).
Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
This has been written about to many times. You need to research this on immigration.com.
As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.
However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.
they were going to try to assess that if I was making too much money then how would i take another job with lower salary.
I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.
My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).
Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.
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s_r_e_e
08-06 01:43 PM
Here is what happened.
All monkeys also interfiled and became lions.
:D:D that was a good one.
All monkeys also interfiled and became lions.
:D:D that was a good one.
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file485
07-08 05:41 PM
thanks UN..
a sense of relief after seeing your posts...
any prediction for the Oct bulletin for Eb2/Eb3 India...?
a sense of relief after seeing your posts...
any prediction for the Oct bulletin for Eb2/Eb3 India...?
more...
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desi3933
08-05 04:06 PM
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
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wc_user
04-14 07:09 PM
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
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Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
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?
panky72
08-07 09:17 PM
A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
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