sgmavinkurve
07-21 02:25 PM
I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
wallpaper Choi Jong Hun
psaxena
07-28 07:43 PM
Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
Lets see how much money you have donated. Please provide details and then we will compare.
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
Lets see how much money you have donated. Please provide details and then we will compare.
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
Macaca
06-27 06:52 AM
this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
2011 Choi Jong Hun
brad_sk2
01-19 10:58 AM
Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
Good rebuke.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
Good rebuke.
more...
Kushal
07-27 01:59 PM
Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
hydubadi
07-26 12:20 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
more...
samay
07-15 05:15 PM
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.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.
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.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.
2010 Posted in Choi Jong Hun,
pointlesswait
10-01 05:54 PM
china an economic superpower..;-)..good joke..
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
more...
franklin
02-13 01:42 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
hair FT Island - Choi Jong Hun
jayleno
09-23 11:57 AM
Sent the e-mail to the folks in my state.
more...
amar123
07-03 11:18 PM
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
hot FT Island member Choi Jong Hun
insbaby
02-13 02:02 AM
I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
more...
house Choi Jong Hun :
kumarc123
07-23 01:56 PM
vdlrao is everyone's friend these days ...not only urs ... :-)
Don't worry you are my friend too, as well as all the IV members
Take Care
Don't worry you are my friend too, as well as all the IV members
Take Care
tattoo Re: Choi Jonghun pictures
helpful_leo
07-28 07:20 PM
Hello there
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
more...
pictures Choi Jong Hoon has a really
BharatPremi
12-13 05:22 PM
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
dresses Choi Jong Hun (Leader,
Caliber
09-04 01:41 PM
You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.
Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.
How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.
So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?
Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.
Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.
How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.
So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?
Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.
more...
makeup Choi Jong Hun FT Island Leader
katewill
11-09 09:20 AM
oh well, this is how i feel. "i should have studied more and started with EB2"
rules are rules, fair or unfair.
what have you done other than just waiting? ( i've been waiting too)
while others changed jobs and moved on to EB2 and got GC in 6 month.
maybe you can also search companies with sub labor.
you could have done alot of things if you needed to, but you didn't. (i didn't either)
rules are rules, fair or unfair.
what have you done other than just waiting? ( i've been waiting too)
while others changed jobs and moved on to EB2 and got GC in 6 month.
maybe you can also search companies with sub labor.
you could have done alot of things if you needed to, but you didn't. (i didn't either)
girlfriend Our Choi Jong Hoon replace his
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
hairstyles 4. cool : lee hongki
krishna.ahd
02-18 09:18 PM
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Even one inch wider gate also will reduce few years of waiting
Even one inch wider gate also will reduce few years of waiting
vpadman
02-13 10:17 AM
Somebody suggested earlier that we should all contact our lawyers , and ask why they have not filed lawsuits yet.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
amitjoey
01-13 11:56 AM
Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
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