Minggu, 06 Juli 2014

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  • asanghi
    08-11 01:45 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

    Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
    Let us launch an facts based attack campaign agains Lou and ruin his career.





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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.





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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.





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  • mariner5555
    04-09 10:51 PM
    we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point.
    For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
    Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
    ------
    House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
    It is forecasting further falls in US house prices of 14% to 20% this year.
    ---------
    GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
    ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
    there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..

    a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.



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  • GCScrewed
    07-13 09:30 AM
    No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.





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  • nk2006
    09-30 03:38 PM
    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.

    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.



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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...





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  • alterego
    04-06 09:35 AM
    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.

    The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.

    Never trust what realtors tell you, they are in it to make a sale and it is always in their interest to talk up the market. I have never yet seen/read/heard a realtor speak negatively about the market. Even if they are asked an obvious question like do you think prices have fallen in the last year they will say they have trended down a little but the foreclosure crisis is over now, and the fed is acting decisively and the demographics speak to a longer term secular uptrend bla bla blaaaaaaaaaaaaaa. Some BS to justify their talk.

    The bottom line is there will be a hangover of a few years from this unprecedented bubble in housing, it will be more severe in hotspot areas we all know about. In those areas you will likely see a 25-30% drop with about half of it already baked in, another half spread out more slowly over the next 3 yrs that that graph illustrated. Additionally the inflation rate of 3-4%(you can expect an uptick over the next 2-3 yrs) will eat away another few percentage points of your capital , while also eating away at your loan.
    The net effect is that you would be another 20% or so the worse off in these hotbed areas in the next 3-4 yrs. In more steady areas, that fall will be much more muted perhaps half or less of that. However sales will slow to a crawl with the slowing jobs market.

    The main determinants of house prices are.

    1) Inventory............a negative right now.

    2) Credit............negative but with scope for improvement in the next 12 mths.

    3) Jobs...........likely to be down for the next 6 months atleast.

    4) Salaries..................Global pressures on these will likley persist with some tax help to average americans likley if Dems. take control.

    5) Market psychology...................likely damaged for the near term atleast 12 mths.

    6) The replacement value of homes. Land is a non factor here in this country. I scoff at suggestions to the contrary. Even in cities with restrictions, this is a yawn yawn factor. Unless you are speaking about downtown manhattan it is not a factor. Construction costs on the other hand are a factor. A value of $100 per Sq Ft of constructed value is perhaps par for the course right now, that can only go up, with rising commodity prices, salaries for construction with illegals kicked out etc over time this will go up.

    7) Rental rates to home prices. This too will catch up. Folks kicked out of sub prime mortgage homes need to go somewhere. They will likley drive demand for rentals.

    All of this points to a fast then a slow correction. I think we are nearing the end of the fast phase of home price correction. 20-25% in hotbed areas and 7-12% in other areas. I think you will see a more gradual correction of a similar magnitude spread over 3-4 yrs now.

    Lets see how it all unfolds.

    Remember Every drinking binge has a hangover! The US housing market is now in one.



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  • logiclife
    05-31 05:25 PM
    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the smart Einstein-like man's column here:

    The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)

    I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.





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  • rajuseattle
    07-14 08:40 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

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

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.



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  • thakurrajiv
    04-06 09:12 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'

    very good post jung.lee. As you said lay offs have not even started !! Recent 80000 job loss data came in. This is givt data which is a lot worse than expected. Imagine the real job losses !!
    For me this is beginning of end !! Things will get real now. House prices will come in line with what people can afford .....





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  • coopheal
    07-15 07:16 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.



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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck





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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.



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  • dpp
    05-17 10:03 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.





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  • Refugee_New
    01-06 03:56 PM
    When (so called) indian leaders will learn from Isreali counterparts ??

    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.



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  • burnt
    04-01 02:24 PM
    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers

    Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.





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  • pns27
    07-14 02:22 AM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

    Hi kutra,

    Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

    What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

    Here is my take on this EB1, EB2 and EB3.

    Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

    By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

    If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

    Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • unitednations
    03-25 01:15 PM
    Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.





    rvr_jcop
    03-26 09:13 PM
    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.

    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.





    gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.


    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.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.



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