USCIS EB1/EB2 I-140 Memo [Archive]

MDix

08-22-2010, 09:32 PM

Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

E21(EB2):

5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien’s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit “comparable evidence” to establish an alien’s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien’s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate

deepimpact

08-22-2010, 09:51 PM

So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2

If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!

veni001

08-22-2010, 10:30 PM

Here is the link....

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Kazarian%20Guidance%20AD10-41.pdf

:rolleyes:

MDix

08-22-2010, 10:39 PM

I am not sure whether this applies to Master degree holder or not. Because memo says
Aliens of Exceptional Ability under section 203(b)(2) INA.

smuggymba

08-23-2010, 08:06 AM

smuggymba

08-23-2010, 08:07 AM

Has this been implemented or will be implemented soon?

kate123

08-23-2010, 08:21 AM

Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

This line is not good:

(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

new2gc

08-23-2010, 08:26 AM

This line is not good:

(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

First they were after H1b...Now I-140 then they will come after EAD and even GC....sooner or later....no matter how loud we cry for justice....

smuggymba

08-23-2010, 08:26 AM

Does it mean the eligibility criteria/job requirement for EB2 is changed from 5 to 10 years?

I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.

Is this memo in effect already or what? Can someone throw more light on this?

bluekayal

08-23-2010, 08:27 AM

This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...

kartikiran

08-23-2010, 08:34 AM

So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2

If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!

deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

Peace.

kate123

08-23-2010, 08:38 AM

smuggymba

08-23-2010, 08:41 AM

TeddyKoochu

08-23-2010, 08:44 AM

I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.

Is this memo in effect already or what? Can someone throw more light on this?

This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...

Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.

swissgear

08-23-2010, 08:47 AM

see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

Looks like 10 years experience is required for individuals applying under "Exceptional Ability".

They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

eastindia

08-23-2010, 08:55 AM

Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

Where is GCperm when you need one?

smuggymba

08-23-2010, 09:14 AM

Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.

oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.

MDix

08-23-2010, 09:17 AM

If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......

Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

Where is GCperm when you need one?

smuggymba

08-23-2010, 09:22 AM

link from Kate123. Please comment: Looks like this is for Exceptional ability only and not for Advanced Degree

USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

deepimpact

08-23-2010, 09:29 AM

deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

Peace.

I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.

I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.

Sachin_Stock

08-23-2010, 09:41 AM

Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

Sachin_Stock

08-23-2010, 09:42 AM

So I am guessing that there's no significant change in policy towards EB-2 from what appears in the memo. They are merely reiterating on what exists. Lets not sweat.

roseball

08-23-2010, 09:49 AM

AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.

Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...

As per Matthew Oh's blog, this will be adopted on Sep 3rd.

Sachin_Stock

08-23-2010, 09:49 AM

Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

gc28262

08-23-2010, 10:01 AM

Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

I agree.

Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.

newtoearth

08-23-2010, 10:05 AM

Eligibility Criteria

Sub-Categories
Description
Evidence

Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*

National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

Sachin_Stock

08-23-2010, 10:09 AM

Those who initiated the panic attack, I want them to explain what so frightening about this memo!? Please put forth your points.

DSLStart

08-23-2010, 10:10 AM

My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.

I agree.

Here is INA 203(2)A:

This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.

Sachin_Stock

08-23-2010, 10:24 AM

My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.

This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.

gc28262

08-23-2010, 10:28 AM

My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.

That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".

gk_2000

08-23-2010, 10:31 AM

They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?

raghav0

08-23-2010, 10:45 AM

I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!

snathan

08-23-2010, 10:49 AM

Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?

No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.

bluekayal

08-23-2010, 11:02 AM

Thank you to everyone who read the USCIS document and did not press the panic button. The memo talks about a 2 step process....for most of you I don't see how it affects your GC dreams...relax...they will be fulfilled. No sweat...(or convince me otherwise...after all I did get the I-140 exceptional ability in the art or sciences..etc..without labor certification.)

gk_2000

08-23-2010, 11:06 AM

No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.

At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by

snathan

08-23-2010, 11:24 AM

At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by

Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

cbpds

08-23-2010, 11:44 AM

dude,

Memo always supercedes the current definition although it shoudnt as in the case of the h1 neufield memo, so you may not be right

Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

Sachin_Stock

08-23-2010, 01:02 PM

I don't find anything in this memo that contradicts or radically changes the way EB-2 category has been affected. Correct me if I am wrong.

gk_2000

08-23-2010, 01:09 PM

Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.

There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?

SAP

08-23-2010, 02:31 PM

i have 14 yrs full time exp,
i have MBA
i have made significant contributions for my comp and saved millions over a period of time; and i can get reference letters from top mgmt

my question can i file my own 140 under exceptional ability category. ? and just to make sure do i need a labor ?

regards
sap

snathan

08-23-2010, 02:33 PM

There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?

How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.

royu

08-23-2010, 02:38 PM

I think you need labor, please talk to your company attorney.

gk_2000

08-23-2010, 02:45 PM

How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.

It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!

snathan

08-23-2010, 03:02 PM

swissgear

08-23-2010, 03:03 PM

It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!

My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.

And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..

I'll stop and leave it here....

coolmanasip

08-23-2010, 03:05 PM

If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....

snathan

08-23-2010, 03:16 PM

deepimpact

08-23-2010, 03:18 PM

My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....

The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.

smuggymba

08-23-2010, 03:22 PM

I know a Controller making 70K and got his GC via L1-A in 6 months. I make 50% more than him and got my PERM approved in EB2 2 weeks ago. Life isn't fair, take it easy.

How can a multinational executive make 70K and qualify for L1-A?

snathan

08-23-2010, 03:35 PM

bluekayal

08-23-2010, 04:54 PM

Rest easy folks:

Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”

The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”

This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.

While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”

Nation of immigrators - A public policy blog on our dysfunctional immigration system » The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)

bestin

08-23-2010, 05:23 PM

This is what i understand

1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years

2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...

Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

royu

08-23-2010, 05:57 PM

Well explained.

Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years

Till now there is no proposal to change the above.

The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.

The similar kind of restriction should be applied for EB1 - multinational executive quota.

ssk1127

08-23-2010, 06:14 PM

I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM

> This might take atleast 6 months to get signoff (IF aproved by everyone)

> This will impact only the I-140 that are still pending approval

> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.

> Mine i140 is already approved so I think i wil not be impacted

> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)

> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)

> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered

> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"

> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)

> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney

Thanks
Satish

ssk1127

08-23-2010, 06:16 PM

Also forgot to mention the article says "certain" - See highlighted below the title so I am sure Advacned degree wil lnot come under this based on the definition you find in the above articale

Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)

Sachin_Stock

08-23-2010, 06:58 PM

jay1ram2

08-23-2010, 07:12 PM

ssk1127

08-23-2010, 07:20 PM

I am on the same boat, can anyone please clarify?

Mu thpoughts and assumptions. Might want tot talk to your attoney too

> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

> You might want to check your application once too

thanks
satish

jay1ram2

08-23-2010, 07:33 PM

Mu thpoughts and assumptions. Might want tot talk to your attoney too

> First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

> Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

> As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

> You might want to check your application once too

thanks
satish

Mine is "Advanced Degree, or Exceptional Ability". I got my I-140 approved in June 2007 and haven't filed my 485 because I was not married at that time.

gk_2000

08-23-2010, 09:32 PM

You call the guy with Bsc/bcom and have the 4 programmers reporting to him is the multinational executive. As you might get benefit from it you can call whatever you want.

You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning

For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS

snathan

08-23-2010, 10:01 PM

You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning

For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS

Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

gk_2000

08-23-2010, 10:12 PM

Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it

snathan

08-23-2010, 10:47 PM

I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it

Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:

Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.

gk_2000

08-23-2010, 10:50 PM

Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:

Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.

Context is everything

And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

swissgear

08-24-2010, 12:00 AM

Context is everything

And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.

All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

Let me explain you how this works.....Exactly as to how it happened in my case.

First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...

BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...

snathan

08-24-2010, 12:16 AM

gk_2000

08-24-2010, 01:35 AM

GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?

And BTW FYI, I never worked for TCS.

There was no way for me to know, but my "guess" is close enough, dont you think?

And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.

To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies

All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

Let me explain you how this works.....Exactly as to how it happened in my case.

First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...

BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.

So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives

And coming to a conclusion about someone who you do not know about is uncalled for...

gk_2000

08-24-2010, 01:38 AM

You made my day....but you can do better. Come up with somthing make sense.:D

I never knew all these so called multinational executives work for noble cause...hilarious

Time and again you are in attacking mode. You need to learn some concepts better, including english comprehension. Don't worry, everything will happen with time -- after settling in USA your kids might help you learn

satyasrd

08-24-2010, 07:19 AM

Pappu and IV seniors -

Do any of you know and if so could you please clarify what this new memo is about and how it especially affects the EB2 category ?
Does this now mean that for a non-advanced degree holder the qualification needed for EB2 is Bachelors+10 years of ex. ? If this is true it's really messed up for all the EB3's hoping to port to EB2 based on experience.

Thanks.

pappu

08-24-2010, 07:59 AM

If there is abuse of the system, then people should go ahead and complain to USCIS WITH PROOF. Writing hearsay stories on the forum without proof will not help solve anything.

snathan

08-24-2010, 09:37 AM

If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?

There was no way for me to know, but my "guess" is close enough, dont you think?

To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies

So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives

unfortunately USCIS/DOL has set the min wage limit which must be equal/above the prewailing wage. Your argument of noble cause doesnt hold water. You can do that in the home country itself if you want to work for NGO.

dont worry about my comprehension skill rather come up with valid points and better argument. If you dont have any we can stop here as its a waste of time to talk about this crap.

ravi.shah

08-24-2010, 09:37 AM

No point in bashing each other guys....
Its not like, USCIS is reading these forums and are going to do something about it.
Just take it easy....

boreal

08-24-2010, 12:42 PM

And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...

gk_2000

08-24-2010, 01:38 PM

I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...

So this actually supports my point. There is no "loophole" to close.

I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself

Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with

snathan

08-24-2010, 01:51 PM

So this actually supports my point. There is no "loophole" to close.

I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself

Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with

First be clear whats your point and then enlighten us how this supports it

Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...

Yeap...we are very envious about this. Let it be.

I am least bothered about how/what they are paying to their executives. when they are exploiting the system, its you and me are the one getting affacted. Otherwise these would have trickled down as spillover.

I am not going to post anything on this any more and feeding the troll.

swissgear

08-24-2010, 01:59 PM

First be clear whats your point and then enlighten us how this supports your point.

Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...

Yeap...we are very envious about this.

Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.

gk_2000

08-24-2010, 02:17 PM

First be clear whats your point and then enlighten us how this supports it

One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?

And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas

Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...

Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.

Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.

All this will feed the anti's and true trolls. Why don't we focus on our objectives?

If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.

Don't we?