ash0210
03-09 12:08 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
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vishage
09-28 03:48 PM
Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
ski_dude12
08-20 12:40 PM
My words exactly...
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
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sanju
10-09 03:37 PM
About giving GC based on age.
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
I am 55.
Any takers?Get behind me.
Sorry, we are closed now. Sanjeev_2004 decided that we should do it based on PD. So we are going to give out GCs based on Priority Dates only. We have already send out the communications about the decision to the Department of State, Department of Homeland Security and the White House for them to follow the order of this thread.
Andy, For haven sake please do not keep changing the rules of the game .... otherwise it gets very confusing. I request you please bear with us.
BTW, is it 55 minutes? hours? days? weeks? months?
more...
RockyRocky
09-03 02:47 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006, could you please share more details ?? like when exactly you got card production email , when u got approval notice email and when exactly u received physical GC.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006, could you please share more details ?? like when exactly you got card production email , when u got approval notice email and when exactly u received physical GC.
desi3933
06-28 11:37 AM
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
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pd052009
09-23 01:50 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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bheemi
06-21 02:04 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
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Macaca
07-08 10:57 AM
Found this from Chinese website:
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
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BharatPremi
11-01 05:13 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
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english_august
07-04 01:19 PM
Wow! This is what a truly grass roots effort can do. I am in for July 10th as well. Can IV core please put this as an action item on the main page!
This has the potential of a truly good media event!
This has the potential of a truly good media event!
more...
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reddymjm
06-08 02:40 PM
No way they cannot. They will accept till JUN 29th. I am not sure about JUN 30 as it is saturday. You have time till JUN28th to ship it.
There might be movement next two months. They need money too. They will let file every one.
There might be movement next two months. They need money too. They will let file every one.
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gandu_no1
07-11 03:15 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
more...
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BharatPremi
09-27 10:38 PM
My signature speaks the updates.
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smuggymba
08-09 01:21 PM
Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
more...
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vij
06-15 07:49 PM
This is what i have been asking since last week.
My attorney told me that apart from employer i would also get a receipt notiece. I want someone to confirm this.
My petition was sent on June 4th and i haven't received anything yet
Is this true?
My attorney told me that apart from employer i would also get a receipt notiece. I want someone to confirm this.
My petition was sent on June 4th and i haven't received anything yet
Is this true?
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HarshJ
11-06 02:09 PM
Folks who opened an SR and had NSC-CSC-NSC transfers, what is the format of the ref # the Cust Service Rep gave you??
I got a # of the format T1NXXXXXXXXXXXCSC format.
I got a # of the format T1NXXXXXXXXXXXCSC format.
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gxr
09-04 05:06 PM
PD:July 2006
140: Oct 2006 Pending
i-485 : @ NSC july 3rd waiting for receipt (Checks not cashed)
July 3rd R.William 9:03am NSC
One time contribution: $100
140: Oct 2006 Pending
i-485 : @ NSC july 3rd waiting for receipt (Checks not cashed)
July 3rd R.William 9:03am NSC
One time contribution: $100
ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
24fps
03-08 11:27 AM
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
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