Monday, July 11, 2011

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  • Sunx_2004
    07-10 02:53 PM
    Just follow the law. There are lots of protections in it for us.

    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.





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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.





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  • mrajatish
    04-08 11:39 PM
    I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

    1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?

    2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

    These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

    1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

    2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

    And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.





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  • TomPlate
    01-06 04:55 PM
    Religion is to be in peace. But people developed different thoughts other then peace using religion. Every religion beat each other, that is really sad.

    I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.



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  • amitga
    04-07 05:06 PM
    What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.





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  • kinvin
    02-25 07:41 PM
    Macaca,

    Oh, I meant that, the quote is what Lou Dobbs would have said if Space.com would not have failed. Sorry about the confusion.



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  • hpandey
    06-26 10:50 AM
    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%—you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

    :D Good points - ... Mr Hiralal seems to be digging up the worst case scenarios from everywhere in the media and now he has even turned to the movies . I watched Pacific Heights fifteen years back and Hiralal should realize that it was about a psycho and made for entertainment. Not to discourage people to rent .

    There are plenty of movies on bigger worst case scenarios like ValidIV mentions above but Hiralal please remember movies are made for entertainment ( except some movies of course ).





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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.


    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.



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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    ....
    .....



    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.


    ______________________________
    US Permanent Resident since 2002





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  • buehler
    07-18 07:09 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    reddiv,

    I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?



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  • Macaca
    05-09 05:44 PM
    Still, Sometimes, a Great Nation (http://www.nytimes.com/2011/05/07/us/07iht-currents07.html) By ANAND GIRIDHARADAS | New York Times

    The commando who shot Osama bin Laden just above the left of his doe eyes could forever remain a ghost to Americans. His name may never be revealed; his tell-all may never be written; he, unlike other American eminences, may never be featured on �Celebrity Apprentice.�

    But this ghost is a hero to a nation in need of a little stimulant. For many Americans this week, it was at once grisly and lovely to receive a reminder, courtesy of a revenge killing, that American vigor still has its moments.

    These have been tough years for American power: years of a sick economy that cannot easily be healed; of wars that cannot, tactically or definitionally, be �won�; of new powers that have risen under the shelter of the Pax Americana and now will not be told what to do. Great numbers of Americans now fear that their children will not lead lives as bounteous and carefree as theirs.

    And then there they were: dropping from their ladders, clearing and holding corridors, shooting to kill, escaping before anyone could interfere. The unseen scene resonated so well, perhaps, because Americans have been trained to know what it looked like. This, at least as the White House narrated it, was a standard-issue action movie midnight raid.

    A raid of this dramatic kind is one of those things at which America remains unrivaled, in cinema and in real life. And so it was a moment to relive a feeling of unmitigated American supremacy. In this domain at least, there is no country like America on earth.

    The trouble with the killing of Bin Laden, though, is that the triumph is an island. Victory in Abbottabad does not foreshadow greater victories in Iraq or Afghanistan, or over terrorism in general. As in so many areas of American life today, the country can do spellbinding things no other one can do, but it often struggles to perform the more prosaic feats on which its long-term fate may more heavily depend.

    Consider the realm of technology, in which America, once again, has the finest elite commandos: Google, Facebook, Twitter, Netflix, Apple, Pandora. Time and again, when breakthrough technologies come, they come from America. What is the chance of a Chinese search engine displacing Google, or a game-changing device like the iPhone sprouting in France?

    And yet America does not lead the world technologically in the more prosaic ways. It does not have the best or most cost-efficient mobile phone networks. The average American Internet hookup is two and a half times slower than that in South Korea. The country lacks adequate retraining programs to move people from waning professions like telemarketer and sewing machine operator into new roles in the technology sector.

    It is the same with education. America is home to the greatest concentration of research universities in the world, with the best laboratories and faculties as well as, arguably, the top students. More Nobel laureates inhabit certain American campuses than live in certain moderately sized countries.

    But beyond the elite corridors of American education, it is a different story. Last year, the results of the standardized Program for International Student Assessments, given to 15-year-olds worldwide, found the United States behind 16 other countries in reading and 22 in science. In response, the American education secretary, Arne Duncan, spoke of �the brutal truth that we�re being out-educated.� And that was before the recent round of budget cuts and teacher layoffs across the country, which might well make it even harder for America to be middling in the world.

    And so it is in health care, where America has, at one end, the Mayo Clinic and the Cleveland Clinic and Massachusetts General Hospital, which the richest patients in the world still choose over most alternatives; and, at the other end, tens of millions of uninsured people, a condition that is all but unique in the industrialized world.

    So it is with immigration, where the United States continues to attract the brightest immigrants in the world, while failing year after year to resolve the massive and messy question of illegal immigration. So it is with banking, in which the United States is the leader in employing complex transactions like credit-default swaps, but has struggled with the more basic task of pairing businesses with loans.

    The commandos of Abbottabad are, then, like the commandos in any number of American fields � elite troopers who play at the highest levels in the world, but whose successes are wholly their own, not easily replicated beyond their little world.

    This duality of the world-beating Americans and the world-trailing ones perhaps suggests an emerging reality of U.S. life after globalization: It may be that America the country can remain vitally competitive, even as vast numbers of Americans � perhaps a majority � have a lower quality of life than prevails elsewhere. As with the U.S. Navy Seals in Pakistan, so dynamic is America�s elite that its dynamism can offset the lagging behind of others. If a country gains a $20-million-a-year hedge fund job and loses 400 $50,000-a-year industrial ones, after all, its national income figure stays the same.

    But there is the problem of the 400 people � and of the 40,000 and the 40 million. There is a sense in many corners of America of there no longer being space for the ordinary, a sense of the collapse of the middle. Parents find themselves wondering how hard to push their children in this dawning age: wondering how clever and focused and dogged they will have to be to remain ahead of the world rather than chase behind it.


    Memo to India, China: The U.S. Still Matters (http://blogs.wsj.com/indiarealtime/2011/05/09/economics-journal-memo-to-india-china-the-u-s-still-matters/) By Rupa Subramanya Dehejia | IndiaRealTime
    Free trade agreements don�t kill jobs (http://dailycaller.com/2011/05/04/trade-agreements-dont-kill-jobs/) By Ryan Young | The Daily Caller
    If You Have the Answers, Tell Me (http://www.nytimes.com/2011/05/08/business/economy/08view.html) By N. GREGORY MANKIW | New York Times
    Woman of the World (http://www.vanityfair.com/politics/features/2011/06/hillary-clinton-201106) By Jonathan Alter | Vanity Fair
    What�s a college education worth?
    Engineering and accounting degrees may provide most opportunity (http://www.marketwatch.com/story/whats-a-college-education-worth-2011-05-03)
    By Jennifer Openshaw | MarketWatch
    The Best Cities For Jobs (http://blogs.forbes.com/joelkotkin/2011/05/02/the-best-cities-for-jobs/) By Joel Kotkin | New Geographer
    Firms Feel 'Say on Pay' Effect (http://online.wsj.com/article/SB10001424052748704473104576293140070753066.html) By JOANN S. LUBLIN | Wall Street Journal
    As Labor Costs Rise, Spotlight Is on Benefits (http://online.wsj.com/article/SB10001424052748704473104576293583385838072.html) By JOE LIGHT | Wall Street Journal





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  • gc28262
    03-24 07:15 PM
    .................................................. .................................................. .
    .................................................. ..................................................
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    .................................................. .................................................. ....
    .................................................. .................................................. ..


    UN,

    I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.

    The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.

    US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there was no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.



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  • NKR
    08-05 08:37 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?


    Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.

    Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.





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  • gcisadawg
    12-22 06:21 PM
    My feeble mind is unable to decipher your point, please explain a sentence a two.
    Only thing I know is group of 10 killed 300 in Mumbai
    and group of 21 killed 2000 in New York
    Where is the gray in there?

    Dude, dont decipher my post as supporting recent Mumbai attack or 9/11.
    You are trying to club everything under one roof. I hope your mind is not feeble.

    I'll ask you one question.

    Where were you and your sense of right and wrong when Sinhala govt. and people unleashed their acts on tamils living in Sri Lanka? I dont support LTTE's action and I regard them as terrorist. But the solution lies in bringing Tamils to the mainstream.

    You mentioned you support Israel whole heartedly! Where were you and your sense of right and wrong when Israeli govt. is controlling every aspect of Palestinian life? I don't support Hamas's action and I regard them as terrorist. But the solution lies in addressing the grievances of Palestinians and working on a fair and equitable solutions to both the groups.



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  • dtekkedil
    10-02 10:46 PM
    I have always been a supporter of Democrats. Because I believe in their philosophy. If I were a citizen, I probably would have even joined the Democratic party.

    However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.

    I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!

    The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.

    So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.

    I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.

    Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?

    I am sure the same thoughts have gone through many of your minds.

    I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!

    What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!

    The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.

    Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!



    On a side note -

    The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?

    A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.

    Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.

    I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.





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  • gimme_GC2006
    03-23 11:48 PM
    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.

    yea..it looks scary..
    hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.

    I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.

    And will see how it goes..hopefully officer will understand it.

    But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:



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  • hiralal
    06-08 07:24 AM
    similar arguments and predictions by different analysts
    ------------------------------
    And here's Whitney and Glenn's take on the future of house prices:

    We think housing prices will reach fair value/trend line, down 40% from the peak based on the
    S&P/Case-Shiller national (not 20-city) index, which implies a 5-10% further decline from where
    prices where as of the end of Q1 2009. It’s almost certain that prices will reach these levels.

    • The key question is whether housing prices will go crashing through the trend line and fall well below fair value. Unfortunately, this is very likely.

    In the long-term, housing prices will likely settle around fair value, but in the short-term prices will be driven both by psychology as well as supply and demand. The trends in both are very unfavorable.

    – Regarding the former, national home prices have declined for 33 consecutive months since their peak in July 2006 through April 2009 and there’s no end in sight, so this makes buyers reluctant – even when the price appears cheap – and sellers desperate.

    – Regarding the latter, there is a huge mismatch between supply and demand, due largely to the tsunami of foreclosures. In March 2009, distressed sales accounted for just over 50% of all existing home sales nationwide – and more than 57% in California. In addition, the “shadow” inventory of foreclosed homes already likely exceeds one year and there will be millions more foreclosures over the next few years, creating a large overhang of excess supply that will likely cause prices to overshoot on the downside, as they are already doing in California.

    • Therefore, we expect housing prices to decline 45-50% from the peak, bottoming in mid-2010

    • We are also quite certain that wherever prices bottom, there will be no quick rebound

    • There’s too much inventory to work off quickly, especially in light of the millions of foreclosures
    over the next few years

    • While foreclosure sales are booming in many areas, regular sales by homeowners have plunged,
    in part because people usually can’t sell when they’re underwater on their mortgage and in part
    due to human psychology: people naturally anchor on the price they paid or what something was
    worth in the past and are reluctant to sell below this level. We suspect that there are millions of
    homeowners like this who will emerge as sellers at the first sign of a rebound in home prices

    • Finally, we don’t think the economy is likely to provide a tailwind, as we expect it to contract the
    rest of 2009, stagnate in 2010, and only then grow tepidly for some time thereafter.





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  • pani_6
    07-14 12:51 AM
    This is a long tern strategy...this wont work this year..you have heard that from the Lofgren herself that no legislation would work this year.....we need to pursue this BUT FIRST letter on page 1 would give some immedeate relief to EB-3..which is

    http://immigrationvoice.org/forum/showthread.php?t=20147




    Actually Version 2 is the latest draft:
    http://immigrationvoice.org/forum/showthread.php?p=262392#post262392





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  • GCapplicant
    07-13 09:53 AM
    The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.

    I am in signing this letter.

    its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.

    I request even EB2 to support this cause and help.





    unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.





    SunnySurya
    12-19 10:11 PM
    In my mind, if a group of people have blind faith on any thing then thats a religion. If the same faith is backed by hardcore facts and the proof could be produced to substantiate it then thats science.

    God just happened to be entangled in the debate between blind faith and fact based faith.

    What or who is god anyways, is he omnipotent or just someone who learns by trial and error. After all it took him 8 billion years to create this universe.

    I beleive, God is anyone's last hope , a light at the end of the tunnel. We just have to make sure that light is not that of an oncoming train.



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