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  • gc4me
    08-05 12:24 PM
    I would like to compare Mrs.Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs.or Miss Rolling_Flood, post you qualification here.(honesty please!:D)

    Originally Posted by gc4me

    Mrs.Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you.Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies.Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2.Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc.comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C).They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2?According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.




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  • chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140.They are not under any legal obligation to do so once the 140 is approved.

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

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

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

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR?Is it a training issue?




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  • dontcareanymore
    08-05 01:58 PM
    Why, what is difference?Why was labor substitution bad.It was perfectly legal after all.

    Yes IT WAS.You either have not seen through the issue or can't distinguish the cases.




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  • You most probably will have been a h1b working ina fulltime job.You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC.But my dear friend, the intent of this bill is different.IEEE USA, PG etc..have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job.They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all.Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform.Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon.Don't believe their sweet words and their intent to help you.You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company.Look at biggies like msft, google etcc.they have an entire legal team working hard to workaround any system and utilize looph*les in the system.Thats how businesses survive and make money.Business means "no ethics".So just do not rationalize yourselves by claiming that you know everything.It all boils down to survival of the fittest and it is how you handle situations.Lets all not be selfish and be divided among ourselves.



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

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

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

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

    Thanks in advance for sharing your opinion on this.

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

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

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

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



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  • The European Union can work together п