nousername
01-30 05:38 PM
Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
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desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
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.
looks like this case actually tells me that maybe we could do self-employment easily...
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.
desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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anzerraja
07-19 08:18 PM
Thanks !
Very much. We only need 640 guys like you to step forward and get this done.
$101 from me
Very much. We only need 640 guys like you to step forward and get this done.
$101 from me
more...
GCwaitforever
12-12 05:38 PM
I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???
Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.
I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.
I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.
My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.
My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?
Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.
I am expecting my Greencard petition to arrive only in another four years.
Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.
I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.
Some of the key provisions which would need your support are ...
1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.
2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.
3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.
4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.
5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.
Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.
Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.
I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.
I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.
My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.
My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?
Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.
I am expecting my Greencard petition to arrive only in another four years.
Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.
I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.
Some of the key provisions which would need your support are ...
1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.
2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.
3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.
4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.
5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.
Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.
godspeed
07-21 05:47 PM
Received by USCIS on 06/04/08
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
more...
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
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eb3_nepa
05-02 12:04 PM
Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
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doshhar
07-07 05:33 PM
Can we finalize the date for rally? Is July 14th ok with everyone of you? We have one full week to work on spreading this to different groups.
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arc
08-13 03:02 PM
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?
Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?
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lord_labaku
08-18 03:05 PM
With this issue of priority date taking a back seat to notice date when dates are current :
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
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sankap
07-09 10:20 PM
In that case, I *guess* you can show yourself as "permanently self-employed" for your own company--should be easy if you have an LLC that does business in "same or similar" occupation (e.g., consulting/PM). Should also be easy to state the *projected" yearly income on EVL.
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
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sam2006
07-19 07:53 PM
Try to make the Post Sticky
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vkrishn
08-20 03:17 PM
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
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akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
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Rohan99
09-25 09:37 PM
yes, it reached at 9.03am and was received by R.William
Can you let us know if they respected your RN july 3rd?
Can you let us know if they respected your RN july 3rd?
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sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
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seahawks
10-08 03:24 PM
I think "speaking change" versus working together to bring about change is where we all need to think. All of us have our own priorities and including me sometimes miss the point and sit in the sidelines. Make no assumptions, if we can't come together or put in hours of work specifically to support IV, everything will just remain a dream. We need to start taking initiatives and working towards a common goal to fix the broken system. We may disagree on things here and there and IV cannot support or take every position dear to us as an organization. We need to think as a community for the community and not purely my case or your case:)
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SunnySurya
08-18 02:35 PM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't beleive I had been unethical.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
raj2007
04-24 05:16 PM
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.
Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.
meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
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