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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.





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  • Administrator2
    04-08 07:22 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

    We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.





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  • sk2006
    06-05 12:31 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!

    LOL.
    :D:D:D:D:D:D





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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.



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  • vdixit
    12-31 02:06 PM
    No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.





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  • axp817
    03-25 01:26 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.



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  • delax
    07-13 08:59 PM
    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.

    If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.

    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
    Pasting the post in the link above:
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.





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  • sledge_hammer
    06-05 04:49 PM
    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.

    >> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    You are right in 90% of cases - where people will otherwise spend the money and not save it.

    If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

    However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.



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  • Refugee_New
    01-07 03:20 PM
    Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.


    This is your religious belief/prophecy and ideology. This is nothing but neocons/zionists "The Greater Israel" or "Greater Middle East" plan. Exterminate muslims from their land and expand the occupation so that you can receive your messiah. As per their plan, Israel should expand upto Syria and this is what you believe. You know why muslims will not let go palestine that easily. If we loose Palestine today, tomorrow its Egypt and Syria.

    Thats why these killings happen. Now you agree. Thats why you guys are killing school kids also. Because you see them as potential terrrorist. This is the truth. Thats why you guys act violently to acheive your goal.


    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.





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  • jayleno
    10-01 07:58 PM
    I'm a great fan of Obama for what he has achieved so far and in all probability he will win in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal



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  • unitednations
    03-24 11:45 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.

    Do you guys look around at all of immigration.

    EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.

    Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.

    You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.

    You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.

    Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.





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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • nojoke
    04-08 12:03 PM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.

    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.



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  • coolest_me
    08-07 01:52 PM
    :D:D:D Loving this thread :D:D:D

    -My Attempt .. One liners


    If you can stay calm, while all around you is chaos...then you probably haven't completely understood the seriousness of the situation.

    Doing a job RIGHT the first time gets the job done. Doing the job WRONG fourteen times gives you job security.

    Eagles may soar, but weasels don't get sucked into jet engines.

    Artificial Intelligence is no match for Natural Stupidity.

    A person who smiles in the face of adversity probably has a scapegoat.

    Plagiarism saves time.

    If at first you don't succeed, try management.

    Never put off until tomorrow what you can avoid altogether.

    TEAMWORK...means never having to take all the blame yourself.

    Rome did not create a great empire by having meetings, they did it by killing all those who opposed them.

    The beatings will continue until morale improves.

    Never! underestimate the power of very stupid people in large groups.

    We waste time so you don't have to.

    Hang in there, retirement is only thirty years away!

    Go the extra mile. It makes your boss look like an incompetent slacker.

    A snooze button is a poor substitute for no alarm clock at all.

    When the going gets tough, the tough take a coffee break.

    INDECISION is the key to FLEXIBILITY.

    Succeed in spite of management.

    Aim Low, Reach Your Goals, Avoid Disappointment.





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  • smisachu
    12-31 11:20 AM
    I agree to the first part. We have to make corruption a capital punishment and enforce it..
    Don't subscribe to the second part. See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace. India has never been the aggressor but we should at least defend ourselves. Pakistan is unable to shut down the terrorist camps, we have to do it or else we will keep on bleeding..



    India needs to look inwards for answers.

    We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!

    Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.

    One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.

    Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.

    Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.

    The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.

    Peace to all.



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  • abcdgc
    12-27 01:06 AM
    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

    Why are you so obsessed with Jews? No reason to go in circles trying to obfuscate the subject.

    Are you not from Pakistan? Why are you asking others to explain the reason why Pakistani Prime Minister/Foreign Minster and ISI is doing what they are doing? Shouldn't you be the one to explain why they are doing all this drama? Why are you asking others to explain why your country is behaving erratically?





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  • baala9
    08-06 10:43 AM
    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?

    In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)





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  • redcard
    12-19 12:22 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..





    logiclife
    04-12 04:54 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    There are thousands of real estate agents who charge 3% commission for sale of homes. Buyer's agent gets 3% and seller's agent gets 3%. It takes a total of 6% in commissions of real estate agents when you sell your house.

    Of those 3% commission that each agents get, the pass on 1% to the agency. Like if a Remax or century 21 agent gets $3000 in commission, he/she has to give $1000 to the agency and keep $2000.

    SO going by that principle, "kickbacks" as you would call it, would not be legal? Right?

    Everywhere, a portion of revenue, if the employee generates revenue for the employer goes to employer. That's how employer keeps his lights on and feeds his/her family.

    Now there are some who exploit this to their advantage. And that should be fixed. One way to fix it is to limit certain holds and loosen the grip of employers on the greencards petition of employees. Completely destroying the consulting business is not the answer to that as this bill tries to do.

    If you are working "Like a dog" then you should get paid overtime for anything beyond 40 hours. Its a part of negotiation and its your responsibility to negotiate that with your employer before joining the project.





    unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.


    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.