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bostonqa

06-11 01:21 PM

at some month before OCT 2007 the dates would become unavailable.

what would happen at that time?

say your case was received by USCIS and they have not issued FP notices.

what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)

any ideas?

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gcboy442

09-11 11:01 PM

Guys
I got all my receipts today (Mine and my wife receipts)...My case is
Received by J.Barrett at 10:25 AM at NSC, Case transferred to TSC on 08/05/2007 (Based on LUD). Notice Date is 09/04/2007.
My I-140 is from TSC. I know what I went through this whole 70 day process, but as the saying goes 'There is light at the end of the tunnel'.
Thanks IV...I owed that I pay some money towards the rally and will do that now.
Thank You all and Good luck to those who are still waiting.

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TheOmbudsman

10-26 11:08 AM

Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.

You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).

http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.

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manishcp

09-10 03:25 PM

Hope very soon

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bigboy007

08-13 03:29 PM

That's great, I guess Texas is moving now..:)

i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?

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kcforgc

05-08 02:24 PM

How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
Just a thought?

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abq_gc

08-18 01:21 PM

Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.

But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.

I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......

Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....

Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.

regards
Saket

I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess

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cjain

11-01 05:20 PM

Gurus, experts, malik log...

Pls. illuminate us on this topic...

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SDdesi

02-14 09:54 PM

Contributed $100 (6J641736D3197961L)

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nandakumar

11-19 03:27 PM

Sent..

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lazycis

11-30 09:03 PM

My prayers are with you, man. Do not lose hope and fight for your life! You condition fits a reason for expedite processing. Fax expedited request to the service center where your I-485s are pending. Attach supporting documents. Call the USCIS customer service, they will tell you all the details, including fax number for this.

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krishna_brc

01-29 05:32 PM

Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.

Please take advise from your company attorney.

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Dhundhun

02-05 07:01 PM

Just a correction - as I remember. 3 Yr in past 4 years for Citizenship

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test101

07-09 05:17 PM

awsome ...did you get the list of emails i sent you via email :)

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HarshJ

11-05 03:23 PM

Well she suggested that she had scheduled the FP appointment and said that I should be getting my FP notices in 30 days.

I am hoping that its the truth !!

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zoooom

07-19 09:18 PM

I will pledge $100 for this drive
Thanks!

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InTheMoment

06-14 03:46 PM

Can you all tell which state you applied from?

As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).

Let's verify whether this stands true...those who got their receipts can verify.

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gccovet

08-20 11:59 AM

Folks

Did anyone get their physical Cards without getting CPO message ?

I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.

you may want to make sure "CRIS" emails are not going in SPAM folder. I had the same case (not for 485 :-) , i have long way to go) for my EAD and AP renewals.

GCCovet

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mirage

03-06 04:24 PM

You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.
Your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

I think this is wrong.

Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.

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simple1

05-01 03:55 PM

FOIA may be. Btw can you add a poll to this thread to see forum support?

Done, added poll.

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stemcell

02-01 01:05 PM

[QUOTE=IfYouSeekAmy;2305591]:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D[/QUOT


Well at least we have some kind of deadline then :)

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delax

08-18 12:53 PM

Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.

Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.

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petepatel

08-13 07:28 AM

I just received the email this morning.

for Spouse only. Pending for the primary applicant yet

Applied on July 1, Receipt July 3 and Soft LUD July 8:)

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tikka

05-23 11:24 AM

I emailed and used the "contact us" form. It asked me if I wanted a reponse and I clicked - yes.
Have not heard back from them. Has one else?

thank you

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lasvegas

02-05 05:53 PM

You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.

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alterego

10-26 12:03 AM

Hi Ahimsa and other poster who questioned this:

Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.

Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.

One more indication for you, which doesn't rely on biased polls:
In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.

Here, a fresh related evidence. Those who have an open mind should be able to understand this:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283

Does the Workplace Welcome Differ?

Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

Talk about this article and get advice on the Diversity at Work message board.


Here is a fresh poll for you, since you asked:
source:numbersusa.com (the poll was not conducted by numbersusa.com though).

QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
% SAYING

NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.

REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
ALL VOTERS 64 3 26 6
Male 64 3 26 6
Female 65 2 26 6
PARTY
Democrat 59 2 32 6
Independent 59 4 31 4
Republican


Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.

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abhisam

02-02 04:18 PM

I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))

I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.

Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!

So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.

So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!

- abhisam

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simple1

05-08 01:39 PM

Guys,

VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

I need IV Core help for this.

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desi3933

06-22 01:36 PM

Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

Thanks,
Jayant

P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!

>> "No, employment letter is absolutely required...", well, it is not.

You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.

Do NOT confuse Current Employment Letter with Employment Letter for GC job



Not a legal advice.
------------------------------------
Permanent Resident since May 2002

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ras

11-22 03:24 AM

I sent an email to attorny murthy and ILW.com to help Mehul in what ever possible way. Folks send out an email to your attorny as well to see if they could be of help in this difficult situation for Mehul.

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Lok_sumi

10-29 07:28 PM

My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies

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RNGC

02-10 05:21 PM

[QUOTE=sanjay;316793]Santb1975,

Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.

QUOTE]

Totally agree with this!

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akhilmahajan

02-12 08:25 PM

Thanks a lot everyone.

Grand Total - $1805

Come on folks lets help IV, to get things done for US.

IV is I/WE.

GO IV GO. TOGETHER WE CAN.

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a2006

05-02 03:06 PM

I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.

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SeanDell

05-30 07:43 PM

Has anyone used AVR recently coming back from Canada?

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Pagal

02-17 02:46 PM

50 USD .... Your transaction ID for this payment is: 288115376C5408310.

All the best with Advocacy Day ... we are awesome! :)

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desi3933

07-08 01:20 PM

Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.

Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.

And, employers know this very well and try to use to their advantage.

A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.

>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.

Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.

Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.

I am not blaming an employee or employer for this but this entire EB based system is set up in that way.

You are right. These are the rules set by current EB immigration system.

With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.

How many times we see any green card holder or citizen supporting fellow immigrants?

H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.

Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.

.

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iptel

12-10 10:13 PM

Beleive it or not I found this posting in http://www.steinreport.com/


My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.

My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.

My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.

Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.

According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.

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11-17 03:53 PM

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kumarc123

05-08 03:47 PM

I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?

We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.


Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big


Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.

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gondalguru

07-02 09:01 AM

On AILA site...

"Just Posted -
Follow-up to Update on July Visa Availability"

Does anyone have quick access through their attorney to check what it says?
That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.

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hoolahoous

08-20 10:44 PM

Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !

best of luck to everyone waiting.

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tonyHK12

02-25 09:34 PM

Your transaction ID for this payment is: 1KJ77263D2760803K.
Just contributed another $50 feeling better.

thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.

Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
.

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blackberry

08-26 06:17 PM

Very few replies here, did everyone mail their application before July 17 th :)

--BB

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chanduv23

02-17 02:27 PM

agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.

People discuss superbowl, cricket, food, movies, schools, everything, people discuss about their 140, 485 , ead etc... everyone knows there is a problem but pretend as if there is no problem and it is just a part of life.

Sometime back on IV the motivation levels was different. We did have a sizable crowd during the 2007 rally in DC. We did have 200+ people doing advocacy work.

I hope people come forward again.

Looks like we lack people with good leadership qualities on IV now especially a lot of IV members are not active anymore and guess it is just slow.

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marlon2006

06-22 10:05 AM

If that was all that easy, I am sure Pres. Fox would hire 3,000,000 telemarketers to call Senators from Mexico and put a request pro amnesty on daily basis. Somehow it is obvious that the person calling or supporting CIR typically have vested interests on that; I think when one detects that direct beneficiaries of amnesty - not an US person - are campaigning, lawmakers probably they tend to ignore that.

Sen. Specter is just going to have his ears full. I can imagine what angry US citizens could tell him on those hearings. If CIR passage depends on positive feedback from those hearings, it is going to be tough. I am sorry to tell you, but I have been talking to many Americans on this. Hearings will just bring the truth to the surface, and that means border enforcement, less immigration, illegal and illegal.

Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.

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delhiguy

07-07 08:44 AM

What about the applications received before release of bulletin?

When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.

People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

Sir , we are screwed, thats doesnt mean a law is broken


We need the legislature intervention to make the limit higher.

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NWISE

11-17 03:06 PM

Thanks for the effort! As always, it's greatly appreciated.

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desi3933

07-10 03:04 PM

Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"

I-140 is for future GC and hence, must be full time and permanent.

I-140 is not for current H-1B job.

You are mixing two things.

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rkg000

02-16 09:03 AM

Transaction ID: 1D878981AC092414Y

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stldude

08-13 03:20 PM

I-140 approved from Texas.

Congrats! Where is ur I140 approved from.

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sonia_sd

02-07 08:28 PM

he is not saying he hates india, but politicians. Hope you understand plain english !



But you watch Indian TV and see him everyday? :D

Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.

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gg10004

07-09 06:25 PM

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



Message from USCIS Director Emilio Gonzalez

I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

+++++++++++++

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w_peace

03-22 01:07 PM

I understand and I have been there. I can tell you one thing, FIGHT them. Don't sit and wait, write, call, contact DHS, USCIS, your local Congress person, contact ACLU.org, some non profit organizations who have been helping immigrants like you and I.

It depends what type of application you have one thing for sure, DON"T GIVE UP

Take care














Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:

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kosu

06-13 07:55 PM

I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485

Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.

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waitingonlc

06-07 01:55 AM

Filed on June,01,2007

My Attorney had sent my files on 05/31/07 and they were delivered at NSC on june,01,2007 and waiting for the receipt numbers.

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sandy_anand

11-17 03:05 PM

Please contact members of congress by clicking on the action alert below.

It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

Please spread the word everywhere for more participation

Please post on this thread once you have sent the email. Keep this thread up for the next few days.

Done! Thanks!

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sankap

07-09 11:58 PM

@desi3933:

1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

Sankap -

Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf

4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

8. Most of the full time exempt jobs in this country are permanent in nature.


___________________
Not a legal advice.

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eb3_2004

03-25 07:36 PM

I am EB3 India--OCt 2004...My hopes are dwindling...let's see...

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saketkapur

09-24 06:34 PM

Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)

Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D

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ArkBird

03-25 05:35 PM

There is no base for it. It's all gut feeling as USCIS defies all the logic hence the title "Predictions"

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unitednations

03-08 04:33 PM

You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....

That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.

If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.

We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?

How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)

From October 2005 to September 2006 (it was around 10,500)

For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)

October 2007 to September 2008 (to be determined)

Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.

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delhiguy

07-04 08:07 PM

Send him your resignation.

My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.

Last modified message which I got from him is that:

The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

I am very much in tension and he is talking to me.

Can someone suggest what may be the option for me?

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