unitednations
03-30 10:21 PM
unitednations, you making this statement makes me scared. :eek:
Shouldn't they release some memo or something before making a drastic change like this???
They should...
What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.
The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).
This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.
Shouldn't they release some memo or something before making a drastic change like this???
They should...
What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.
The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).
This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.
wallpaper Dubai. State
immi_enthu
10-07 08:56 PM
If an aparment costs 70 lakhs and that is renting for 15 thousand, how does it make sense to invest in it? The return on 70 lakhs at 12%(or 10%) is 7 lakhs/year. That is approx. 60 thousand per month. If you buy an apartment and rent it, it gives you 15 thousand. Don't you see the problem? The return on investment is low, very low. The fact that it is renting only for 15 thousand tells us that it is not affordable for most of the average guys in the city. The theory that there are more demand to snap up 70 lakh, 1 crore apartments is simply not true.
I had the same question. Can anyone please explain inspite of the above problem, how are the prices for apartments in Hyderabad are so high ?
The only thing I can think of is that everybody is buying for themselves not as an investment.
I had the same question. Can anyone please explain inspite of the above problem, how are the prices for apartments in Hyderabad are so high ?
The only thing I can think of is that everybody is buying for themselves not as an investment.
snathan
04-20 04:56 PM
I fully agree with FraudGultee I shouldnt have called snathan a moron, i am sorry about that. but on the hindsight his reply sort of proves it... :D
Yes...it proves.
Yes...it proves.
2011 Taipei 101 Tower Taipei,
CADude
07-19 07:05 PM
Look in home and post.
Can you please post the link
Can you please post the link
more...
Googler
07-11 06:42 PM
Did you guys alert Lofgren's office about this?
(408) 271-8700
(408) 271-8700
gimme Green!!
01-22 12:07 PM
My wife and I had our interviews on Jan 3rd. Consulate handed the passport to VFS on Jan 4th. DHL (i think) delivered at home on Jan 5th.
more...
logiclife
02-01 01:04 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
2010 The Dubai towers share a
jnraajan
01-30 05:13 PM
It is Question Number 23 now. But, if you sort it by most popular, it is Question No. 48. We need to get more votes to make it a popular question.
Any chance, the candidates will answer this question
Any chance, the candidates will answer this question
more...
Smuragalla
07-20 07:13 PM
Hey SmartBoy,
Could you please update the status of your h1b reopen case, I am in the same stage, but I am staying with current employer no new h1b transfer.
would really appreciate if you can update me, the Final status.
Thank You.
Could you please update the status of your h1b reopen case, I am in the same stage, but I am staying with current employer no new h1b transfer.
would really appreciate if you can update me, the Final status.
Thank You.
hair Rolex Tower Dubai, United Arab
WeShallOvercome
07-18 05:57 PM
I have stayed long enough in United States to say that this Rep is lying.
No mail can take 4 weeks to reach.:eek:
At the most a week but reasonable it will be 3 days.
--sri
May be they are sending the rejected packets to the applicants' overseas address :D
No mail can take 4 weeks to reach.:eek:
At the most a week but reasonable it will be 3 days.
--sri
May be they are sending the rejected packets to the applicants' overseas address :D
more...
kbsyed61
04-28 12:38 PM
Since we submitted the RFE response, there has been LUDs on daily basis since April 23.
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
hot Rolex Tower Dubai, United Arab
unitednations
03-31 11:51 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
more...
house Tower, dubai united arabdubai
meg_z
02-02 03:40 PM
http://boards.immigrationportal.com/showthread.php?t=239578
tattoo The Burj Dubai tower,
va_labor2002
07-21 09:24 AM
gimmi green - Don't you see green around you. Let me tell you how to get green
1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.
2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.
3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.
4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.
5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.
Am I doing it? Yes.. Did I make money? Yes.
Ensoy.
I agree with your suggestions. You have excellent ideas. Can you please explain little more about #2 Open your own e-business and File E visa. What type of e-business? How to file E-VISA ? Have you filed yet ?
I appreciate your comments.
Thanks
1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.
2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.
3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.
4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.
5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.
Am I doing it? Yes.. Did I make money? Yes.
Ensoy.
I agree with your suggestions. You have excellent ideas. Can you please explain little more about #2 Open your own e-business and File E visa. What type of e-business? How to file E-VISA ? Have you filed yet ?
I appreciate your comments.
Thanks
more...
pictures dubai tower, dubai news,
addsf345
11-10 02:25 PM
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
dresses But first, a few facts about
eb3_nepa
12-03 05:31 PM
How long do we July 2nd Filers have to wait before we can call ourselves "victims"?
I know some people have been waiting for years together hence my question.
I know some people have been waiting for years together hence my question.
more...
makeup meterssep , individual towers
rajeshalex
09-25 09:47 AM
May be we should delete this thread itself.
girlfriend the Burj Dubai tower and
![dubai tower facts. SIGNATURE TOWERS [Dubai, UAE]](http://desmena.com/wp-content/uploads/2009/06/zaha_hadid_signature_towers_render_08.jpg "SIGNATURE TOWERS [Dubai, UAE]")
shahuja
01-31 09:51 AM
Congratulations...and am happy for you.
hello lost in gc world..
which consulate did u go to ?
was your first time H1B or renewal/extension ?
first time to states ?
75 days is definitely scary, but i hope everything gets okay for you.
/shahuja
hello lost in gc world..
which consulate did u go to ?
was your first time H1B or renewal/extension ?
first time to states ?
75 days is definitely scary, but i hope everything gets okay for you.
/shahuja
hairstyles floors a new Dubai tower,
caliguy
09-15 11:26 PM
Reached home and had a letter waiting...
Here is the response from TSC:
According to TSC, it is currently processing 485 visas based on filing date order. There are a large amount of cases that are being processed and your case will be processed in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY 2009.
For whatever it means, I have seen tons and tons of cases with receipt date/notice date and PD after me that have been approved. Heck, all my dates are current on outside the processing time so I dont know what to make out of it.
All we can do is keep our fingers crossed...... I wish I had received the card instead of the letter today :)
Here is the response from TSC:
According to TSC, it is currently processing 485 visas based on filing date order. There are a large amount of cases that are being processed and your case will be processed in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY 2009.
For whatever it means, I have seen tons and tons of cases with receipt date/notice date and PD after me that have been approved. Heck, all my dates are current on outside the processing time so I dont know what to make out of it.
All we can do is keep our fingers crossed...... I wish I had received the card instead of the letter today :)
GCmuddu_H1BVaddu
04-07 09:47 AM
Thanks for everybody's hard work on giving me reds
Who filed GC for you any way.
Who filed GC for you any way.
gcisadawg
03-11 01:30 PM
How does insulting your own culture help us here ? "Crab mentality" as it is popularly known, exists in numerous cultures across the world. Go google for the term and you will know.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
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