qplearn
12-10 09:43 AM
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
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logiclife
05-03 08:06 PM
Here is how the parties in general stand on immigration:
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
Lasantha
02-05 10:30 AM
I only took Bank Statements. In my case they did not even ask to see those.
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
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sheela
11-21 02:25 PM
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
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Rohan99
10-12 01:57 PM
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
My 140( in 2006) was from TSC and 485 from NSC
My 140( in 2006) was from TSC and 485 from NSC
simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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at0474
03-26 10:46 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
--Sounds good coming from you BP! You seem to have played with past statistics of EB3/EB2 categories. One question though. When you say NC, do you mean Name Check? I thought that was not a hurdle to get GC anymore. Unless ofcourse they find out something deragatory in the background later on, they might repeal your GC etc., Correct me if I am wrong, why 10% in NC????
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
--Sounds good coming from you BP! You seem to have played with past statistics of EB3/EB2 categories. One question though. When you say NC, do you mean Name Check? I thought that was not a hurdle to get GC anymore. Unless ofcourse they find out something deragatory in the background later on, they might repeal your GC etc., Correct me if I am wrong, why 10% in NC????
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test101
07-07 12:59 PM
anybody intrested in MA rally ?
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
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wecandoit
02-12 03:24 PM
$25 Sent to IV
PAYPAL: Payment Sent (Unique Transaction ID #1BA72983WV1168322)
PAYPAL: Payment Sent (Unique Transaction ID #1BA72983WV1168322)
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deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
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desi3933
07-09 01:48 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
The AC-21 job offer must be full-time and permanent.
.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
The AC-21 job offer must be full-time and permanent.
.
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cr52401
06-11 10:44 PM
My bank in Bank of America. I print them and try to do any trick to read the number. No way. I am going to call customer service and ask her to read the number if she can. I applied for my wife and one child.
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snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
more...
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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wc_user
07-27 07:35 PM
Nobody cares about EB3. It is very apparent now. We, who filed in EB3 are on our own.
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satyakb
02-21 09:38 PM
Contributed $50.00
Transaction ID for this payment is: 1JR0904727135042B
Immigrationvoice.org support is very appreciated.
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Immigrationvoice.org support is very appreciated.
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drirshad
05-06 01:00 AM
Chill out guys ..........
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If u r frustrated try Viagra ......
If u r not frustrated good for u .........
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Carlau
06-18 10:51 AM
Lawyer had given me a tracking number.
Thank you sanjeev
Thank you sanjeev
GCNaseeb
09-30 03:37 PM
Our 485/131/765 packet was mailed out on July 26th. We received all four Transfer Notices from CSC yesterday, stating that they transferred our cases to Nebraska as my I-140 was approved from LIN. Now waiting for the actual receipts to arrive from Nebraska.
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