Kama Of Kingstone

PD Nov 2005 filed in Aug 2007

Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

http://www.golishlaw.com/statutes/ina212.htm

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.

Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).

One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".

How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?






I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?

Thanks for good wishes and congratulations to all who become current.

Regarding cutoff date I'm hearing multiple theories -

A. if it says 1st March - then prior to that consider as active - 1st of March is not included

B. some says 1st March is included because it is like UNTIL 1st March

C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

Wow so many options looks like I need to poll this and then wait until next bulletin :)

Once again thanks for good wishes and Congratulations who were waiting for longer period.

-Rwe

Hi

As mentioned in my previous post

I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?

Or has anyone updates after the approval message ?

Thanks
GCcomesoon

Hey Andy, yes, join us on the 18th! We can help with your airfare, and even better if you can bring your wife and kids!!!!

Thanks for the updates.

My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.


What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

Thanks very much.

If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.

This is turning out to be TRUE.

Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


I am expecting lot of REDs on this one.

Thanks,
MDix

Hi Varsha

I will join the conference. My e-mail address is rajeevm100@hotmail.com

Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.

Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!


VERY TRUE...

Please link it.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

If anyone has any questions we will be happy to talk to them.

Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.

And, I am still the same!!!!
8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.

Dont buy a house!!!!!
Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.

Ego!!!!
I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.

Stroke!!!
Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.

Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.

God!!!
So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.

Luck!!!
2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.

Intelligent!!!
So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.

Luck!!!
4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.

Am I one of them?
So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.

From PM to tester!!! From Devil to human!!!
Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.

Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are

not able to make ends meet.

with all this going on for an year for now, I dont have time for GC any more.

Do you?

I still love my life whether depressed or surpressed - hahahahha!

I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..

If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!

if you have the PDF version of it then please post it. $3 is too much.

hehe hehe i am an IT guy.

Legal Immigrants Voice is a good suggestions, place card was very heavy in future try to make place less heavy :)
It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.

It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.

i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...

the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.

Finally, I understood the purpose of this forum. No, the title is not wrong.

I understand that you are

1. explaining retrogression, and
2. predicting time it will take a person to get GC.

The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.

If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).

I have the following suggestions. I will help after I read everything. Give me some time.

1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.

2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.

3. This complete report has URL to USCIS data.

4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.

USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.

5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.

6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.

My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

===========

Was your I485 Approval from Neb or Texas ?