satishku_2000
01-29 03:18 PM
You should have asked your coworker , why he did not leave when the demand was low for tech workers (from 2001 to 2003 ) ...............:)
wallpaper Elk River Back Country Byway
sw33t
12-27 10:29 PM
One thing everyone needs to realize is that 21st century wars are not cheap anymore.
India just decided to implement the 12th pay commission's recommendations to its defense forces. A surgical strike is politically a risky venture. A strike may cause immediate gains and soothe tempers of the indian public but the battle will be fought through the media reports. Also, neither does the country have a national identity system nor has India been so serious about reaching out in a pro-active way. A weak border and the continuing saga of the rich getting richer and the poor getting poorer, not to mention caste based politics, will augment future terrorist plans.
Pakistan has found a money maker in terrorism. US Aid to pakistan to fight terrorists will reach $8B after 9/11 ( http://www.americanprogress.org/issues/2008/08/pakistan_aid_numbers.html ) and more will be promised when the Iraq returns to stability and the focus turns to Pakistan's neighbor Afghanistan as the Taliban are gaining control again. This has been acknowledged by the new president-elect. Zardari's snub to curtail recession by the Chinese and the Saudis only solidifies Pakistan's need to find other sources/means of making money. Providing a conduit for drug trafficking for the Afghani market is already a major revenue source. Corruption is rampant.
I believe that the rhetoric in the media about war mongering and troop pullouts from the afghan border are for think tanks in Congress and the Pentagon to act and work to defuse the so called drama of war and renew their promises of providing aid in the form of $ and arms.
India has and will continue to be a peaceful and a reactive neighbor. It will continue significant investments in capital and policy to strengthen its internal security foundation and work towards economic prosperity by defending its borders rather than be a pro-active regional cop.
What India has gained, out of this sad and unfortunate event and its subsequent actions, is its status as a responsible upcoming super power in the region with diplomacy as the arrow and its nuclear capability as its bow!
India just decided to implement the 12th pay commission's recommendations to its defense forces. A surgical strike is politically a risky venture. A strike may cause immediate gains and soothe tempers of the indian public but the battle will be fought through the media reports. Also, neither does the country have a national identity system nor has India been so serious about reaching out in a pro-active way. A weak border and the continuing saga of the rich getting richer and the poor getting poorer, not to mention caste based politics, will augment future terrorist plans.
Pakistan has found a money maker in terrorism. US Aid to pakistan to fight terrorists will reach $8B after 9/11 ( http://www.americanprogress.org/issues/2008/08/pakistan_aid_numbers.html ) and more will be promised when the Iraq returns to stability and the focus turns to Pakistan's neighbor Afghanistan as the Taliban are gaining control again. This has been acknowledged by the new president-elect. Zardari's snub to curtail recession by the Chinese and the Saudis only solidifies Pakistan's need to find other sources/means of making money. Providing a conduit for drug trafficking for the Afghani market is already a major revenue source. Corruption is rampant.
I believe that the rhetoric in the media about war mongering and troop pullouts from the afghan border are for think tanks in Congress and the Pentagon to act and work to defuse the so called drama of war and renew their promises of providing aid in the form of $ and arms.
India has and will continue to be a peaceful and a reactive neighbor. It will continue significant investments in capital and policy to strengthen its internal security foundation and work towards economic prosperity by defending its borders rather than be a pro-active regional cop.
What India has gained, out of this sad and unfortunate event and its subsequent actions, is its status as a responsible upcoming super power in the region with diplomacy as the arrow and its nuclear capability as its bow!
DSJ
05-16 12:08 PM
This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
2011 to the Oregon Country Fair
Macaca
12-28 07:55 PM
Dying for data: the Indian activist killed for asking too many questions (http://www.guardian.co.uk/world/2010/dec/27/india-rti-activists-deaths) By Jason Burke | The Guardian
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
more...
rsdang
08-12 11:24 AM
HOTEL KERALA-FONIA
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
malaGCPahije
09-26 09:10 AM
I support McCain. Please do not give me reds for siding with McCain.
I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.
Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.
I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.
Just my 2 cents.
I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.
Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.
I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.
Just my 2 cents.
more...
Macaca
03-13 09:29 AM
Fixing Congress's E-Mail Woes (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201369_2.html)
Studies have shown that lawmakers often ignore and sometimes do not even receive e-mails ginned up by interest groups. Deluged with thousands of essentially identical electronic messages, congressional offices are constantly trying to make it harder for organizations to blast them out.
Now Neil Hare, a former vice president of communications at the U.S. Chamber of Commerce, has devised a way around the problem. He just started ISupportThisMessage.com, a Web site that solicits citizens' opinions on political and legislative issues and promises to deliver the results -- on paper -- to every lawmaker's office.
Visitors to the site are invited to "vote" on a variety of issues such as child hunger and presidential candidates. The numbers are tallied and comments compiled for later distribution on Capitol Hill.
"This is a reaction to the failure of e-mailing," Hare said. "We will issue regular reports with our numbers and, over time, Hill staffers will be able to log on and see the results themselves." He said that lobby groups can buy their own spaces on the site for far less than full-blown grass-roots campaigns.
Studies have shown that lawmakers often ignore and sometimes do not even receive e-mails ginned up by interest groups. Deluged with thousands of essentially identical electronic messages, congressional offices are constantly trying to make it harder for organizations to blast them out.
Now Neil Hare, a former vice president of communications at the U.S. Chamber of Commerce, has devised a way around the problem. He just started ISupportThisMessage.com, a Web site that solicits citizens' opinions on political and legislative issues and promises to deliver the results -- on paper -- to every lawmaker's office.
Visitors to the site are invited to "vote" on a variety of issues such as child hunger and presidential candidates. The numbers are tallied and comments compiled for later distribution on Capitol Hill.
"This is a reaction to the failure of e-mailing," Hare said. "We will issue regular reports with our numbers and, over time, Hill staffers will be able to log on and see the results themselves." He said that lobby groups can buy their own spaces on the site for far less than full-blown grass-roots campaigns.
2010 OREGON COUNTRY FAIR BLOTTER
sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
more...
akred
04-07 01:35 PM
Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
hair The 42nd annual Oregon Country
mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
more...
jkays94
05-24 01:59 PM
http://mediamatters.org/issues_topics/shows/loudobbstonight
hot Bering to Oregon Country.
Macaca
12-14 11:33 AM
The Delta House Congress (http://www.opinionjournal.com/editorial/feature.html?id=110010993) The politics of futile gestures, Dec 14, 2007
In the movie "Animal House," the fraternity brother known as Otter reacts to the Delta House's closure with the classic line, "I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part." To which Bluto, played by John Belushi, replies, "We're just the guys to do it." The movie ends by noting that Bluto becomes a Senator, so perhaps this explains the meltdown among Democrats on Capitol Hill.
As they careen toward the end of their first year in charge, Congressional leaders seem capable of nothing but futile gestures. Yesterday, Senate Majority Leader Harry Reid failed once again to get enough votes for an energy bill, having refused to remove a $21.8 billion tax increase on energy that President Bush has promised to veto in any case. Mr. Reid was vowing to try again as we went to press.
Meanwhile, in Nancy Pelosi's House of self-inflicted pain, the Blutarsky strategy played out yesterday in one more hopeless attempt to pass a tax increase to "pay for" Alternative Minimum Tax relief. The Senate has already voted 88-5 against any such tax hike, so this House bill is dead before arrival. But Ms. Pelosi's troops are just the guys to do it anyway.
---------------------------------------------------------------------
Say what you will about Tom DeLay, at least he knew how to run the joint. Ms. Pelosi and Mr. Reid are letting their left-wing troops and interest groups run all over them, with the result that their signal achievement this year is a higher minimum wage. Considering most of their policy goals, this failure is good for the country. But the dysfunction amply shows that Democrats are attempting to govern with an agenda that is too far left even for many in their own party, never mind the country.
Start with trying to end the war in Iraq, which Democrats claimed was their mandate from voters last November. That was a misinterpretation of their victory, which had as much to do with GOP corruption and overspending. But Democratic leaders nonetheless wasted weeks and no fewer than 63 votes trying to impose withdrawal deadlines, strategy changes, and other war-fighting micromanagement on Mr. Bush. Their only achievement has been to reinforce their image of national-security weakness for opposing the Baghdad "surge" that has been such a success. Recall Mr. Reid's memorable declaration in April that "This war is lost."
Even today, Democrats are caught between their antiwar left, which wants more futile gestures, and Members from swing districts who want to fund the troops. Democrats have delayed funding for so long that the Pentagon is issuing furlough notices to 100,000 civilian employees so it can shuffle operations funding to keep the troops in Iraq and Afghanistan in ammunition.
Then there's the AMT fiasco. Without action by Congress, that hated second tax system will engulf 22 million middle-class Americans next year, most of them in high-tax, largely Democratic states. Congress has already been so dilatory that the IRS has said it may have to delay tax-return processing that is supposed to start in January. But so determined are House Democrats to raise taxes on somebody, anybody, to "pay for" this relief that they are holding out for Senate Democrats to walk the tax plank with them. In the end the House will surely back down, but not before Ms. Pelosi has put her moderate Members on record as tax raisers. Bluto strikes again.
And don't forget the warrantless wiretap program against al Qaeda that expires early next year if Congress fails to act. The Senate Intelligence Committee, which is hardly dominated by hawks, passed a bipartisan bill in October. But it is now bogged down because Judiciary Chairman Pat Leahy refuses to provide retroactive immunity to the telecom companies that cooperated with the U.S. government in the uncertain days after 9/11. The House bill is a similar bow to the ACLU, MoveOn.org and the party's antiwar left. If Republicans wanted to design a political battle that made Democrats look weak on security, they couldn't do it any better.
---------------------------------------------------------------------
We could keep calling this roll: farm subsidies that are as egregious as anything the DeLay Republicans passed, the Schip health-care bill and its budget gimmicks, eliminating secret ballots for union organizing, spending bills that keep courting vetoes because they exceed Mr. Bush's targets. On nearly every issue, Democrats have been intent not on getting something done but on making a stupid, futile gesture to please their base.
As for Mr. Bush, one lesson is that his veto strategy has been a political and policy success. Though widely called a lame duck, he continues to dominate the debate on security and defense. He is also on the cusp of controlling spending growth far better than he ever did when Republicans controlled Congress.
We hope GOP leaders on Capitol Hill don't give Democrats a last minute reprieve on spending in order to be able to collect their own "earmarks." Senate Minority Leader Mitch McConnell looked shaky on that score earlier this week. The best GOP strategy is to put the responsibility to govern squarely on the Democratic majority, and support Mr. Bush's vetoes as a tool for improving policy. If Democrats keep following Delta House rules, Republicans will be back in the majority sooner than they ever imagined.
In the movie "Animal House," the fraternity brother known as Otter reacts to the Delta House's closure with the classic line, "I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part." To which Bluto, played by John Belushi, replies, "We're just the guys to do it." The movie ends by noting that Bluto becomes a Senator, so perhaps this explains the meltdown among Democrats on Capitol Hill.
As they careen toward the end of their first year in charge, Congressional leaders seem capable of nothing but futile gestures. Yesterday, Senate Majority Leader Harry Reid failed once again to get enough votes for an energy bill, having refused to remove a $21.8 billion tax increase on energy that President Bush has promised to veto in any case. Mr. Reid was vowing to try again as we went to press.
Meanwhile, in Nancy Pelosi's House of self-inflicted pain, the Blutarsky strategy played out yesterday in one more hopeless attempt to pass a tax increase to "pay for" Alternative Minimum Tax relief. The Senate has already voted 88-5 against any such tax hike, so this House bill is dead before arrival. But Ms. Pelosi's troops are just the guys to do it anyway.
---------------------------------------------------------------------
Say what you will about Tom DeLay, at least he knew how to run the joint. Ms. Pelosi and Mr. Reid are letting their left-wing troops and interest groups run all over them, with the result that their signal achievement this year is a higher minimum wage. Considering most of their policy goals, this failure is good for the country. But the dysfunction amply shows that Democrats are attempting to govern with an agenda that is too far left even for many in their own party, never mind the country.
Start with trying to end the war in Iraq, which Democrats claimed was their mandate from voters last November. That was a misinterpretation of their victory, which had as much to do with GOP corruption and overspending. But Democratic leaders nonetheless wasted weeks and no fewer than 63 votes trying to impose withdrawal deadlines, strategy changes, and other war-fighting micromanagement on Mr. Bush. Their only achievement has been to reinforce their image of national-security weakness for opposing the Baghdad "surge" that has been such a success. Recall Mr. Reid's memorable declaration in April that "This war is lost."
Even today, Democrats are caught between their antiwar left, which wants more futile gestures, and Members from swing districts who want to fund the troops. Democrats have delayed funding for so long that the Pentagon is issuing furlough notices to 100,000 civilian employees so it can shuffle operations funding to keep the troops in Iraq and Afghanistan in ammunition.
Then there's the AMT fiasco. Without action by Congress, that hated second tax system will engulf 22 million middle-class Americans next year, most of them in high-tax, largely Democratic states. Congress has already been so dilatory that the IRS has said it may have to delay tax-return processing that is supposed to start in January. But so determined are House Democrats to raise taxes on somebody, anybody, to "pay for" this relief that they are holding out for Senate Democrats to walk the tax plank with them. In the end the House will surely back down, but not before Ms. Pelosi has put her moderate Members on record as tax raisers. Bluto strikes again.
And don't forget the warrantless wiretap program against al Qaeda that expires early next year if Congress fails to act. The Senate Intelligence Committee, which is hardly dominated by hawks, passed a bipartisan bill in October. But it is now bogged down because Judiciary Chairman Pat Leahy refuses to provide retroactive immunity to the telecom companies that cooperated with the U.S. government in the uncertain days after 9/11. The House bill is a similar bow to the ACLU, MoveOn.org and the party's antiwar left. If Republicans wanted to design a political battle that made Democrats look weak on security, they couldn't do it any better.
---------------------------------------------------------------------
We could keep calling this roll: farm subsidies that are as egregious as anything the DeLay Republicans passed, the Schip health-care bill and its budget gimmicks, eliminating secret ballots for union organizing, spending bills that keep courting vetoes because they exceed Mr. Bush's targets. On nearly every issue, Democrats have been intent not on getting something done but on making a stupid, futile gesture to please their base.
As for Mr. Bush, one lesson is that his veto strategy has been a political and policy success. Though widely called a lame duck, he continues to dominate the debate on security and defense. He is also on the cusp of controlling spending growth far better than he ever did when Republicans controlled Congress.
We hope GOP leaders on Capitol Hill don't give Democrats a last minute reprieve on spending in order to be able to collect their own "earmarks." Senate Minority Leader Mitch McConnell looked shaky on that score earlier this week. The best GOP strategy is to put the responsibility to govern squarely on the Democratic majority, and support Mr. Bush's vetoes as a tool for improving policy. If Democrats keep following Delta House rules, Republicans will be back in the majority sooner than they ever imagined.
more...
house North America 1840 Houze Texas Republic Oregon Country | eBay
mirage
01-07 01:38 PM
Refugee,
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
tattoo View on Map
dealsnet
01-07 10:52 PM
See the link. Palestine TV teaches the kids to be a terrorist. Through micky mouse.
Pathetic.
http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1
See this poor boy.
http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related
Pathetic.
http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1
See this poor boy.
http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related
more...
pictures Oregon/Washington state to
ns007
07-08 06:43 PM
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
dresses cabinda free of oregon map
Pineapple
12-24 04:31 PM
Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?
I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.
I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.
more...
makeup Oregon
pete
04-09 11:29 AM
Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.
You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......
There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:
WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.
Unlike we want H1B abuse to continue AND ALSO GC reform.
You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......
There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:
WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.
Unlike we want H1B abuse to continue AND ALSO GC reform.
girlfriend North America 1840 Houze Texas Republic Oregon Country | eBay
bajrangbali
06-05 11:33 AM
Good analysis there dude!
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and aboveall...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
hairstyles Oregon country fair #39;09
setpit_gc
08-06 11:36 AM
Rolling Flood,
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
Please go ahead file your law suit. Why are you wasting your time here?.
Come back and say that it has been filed.
saravanaraj.sathya
08-08 10:39 AM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
unitednations
08-02 10:47 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.