helmet
09-03 02:14 AM
received cpo email for EAD today. AP is still pending and there is a soft LUD on 9/1/08.
RD: 7/15/2008
RD: 7/15/2008
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marlon2006
06-21 11:36 PM
Wait until November for Democrats to gain control ?
I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.
Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.
I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.
Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.
Mehul
11-30 09:03 PM
Mehul,
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
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dtekkedil
07-05 02:49 PM
Hey Prashant can you add the plan of action into your first post on this thread?
more...
VivekAhuja
09-17 01:42 PM
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
reddymjm
06-08 01:45 PM
What is the source of the updates/information you have posted.
Even I asked the same question yester day...:confused:
Even I asked the same question yester day...:confused:
more...
trueguy
07-25 11:49 PM
Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
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kumar1
01-31 07:59 PM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
desi3933
07-13 09:06 AM
....
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
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anilsal
03-09 09:32 AM
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of)
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
more...
man-woman-and-gc
09-16 10:42 AM
I can pledge around 200-250 for this.
Go IV!!
Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.
Go IV!!
Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.
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Zeb
08-02 09:46 AM
Guys,
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
more...
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sina
08-01 01:45 PM
In the same boat and waiting.
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
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Sachin_Stock
09-24 01:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
more...
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bindoke
08-25 10:59 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
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chanduv23
07-09 09:12 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
more...
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nefrateedi
09-18 05:21 PM
Hello,
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
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chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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getgc2008
08-25 02:17 PM
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
GCNaseeb
08-29 01:08 PM
That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.
apt29
07-20 11:57 AM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
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