Aluwal
08-14 08:28 AM
Aug 13 2007: LIN0723350001-LIN0723354665 (NEBRASKA SERVICE CENTER)
wallpaper Photo of Justin Bieber Hair
calabor2001
05-02 08:59 PM
This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
sanhari
08-13 10:44 AM
I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
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Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
more...
jsb
11-08 01:22 PM
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
reedandbamboo
09-14 10:21 AM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.
The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.
The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.
more...
amitjoey
07-05 05:32 PM
Dear All,
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
That has been discussed before, the required permits to assemble are not easily granted.
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
That has been discussed before, the required permits to assemble are not easily granted.
2010 Justin Bieber poses for a
gauravster
07-08 03:17 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
more...
yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
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markandeyan
08-25 02:09 AM
My application reached NSC on 19th July for self/wife and my son and received the receipt notices (partial) today.
PD : Oct 2006
EB-2, India
I140 - filed on 9th Feb 2007 and pending at NSC
485/EAD/AP reached NSC on 19th July for all 3 of us together in the same envelop.
RD : 19th July 2007
ND : 16th Aug 2007
Self : not received EAD receipt yet
Wife: not received 485 receipt yet
Son : All 3 receipts received.
PD : Oct 2006
EB-2, India
I140 - filed on 9th Feb 2007 and pending at NSC
485/EAD/AP reached NSC on 19th July for all 3 of us together in the same envelop.
RD : 19th July 2007
ND : 16th Aug 2007
Self : not received EAD receipt yet
Wife: not received 485 receipt yet
Son : All 3 receipts received.
more...
485Question
09-25 02:04 PM
Did you received the receipts?
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gcfordesi
09-09 05:57 PM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
more...
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sys_manus
02-07 11:46 PM
...this is what I call washing one's dirty linen in public...
..peace
..peace
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jhaalaa
03-28 01:32 PM
Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
more...
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ArunAntonio
07-06 05:21 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
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shaikhshehzadali
06-13 08:00 PM
No. U can't...All the application should go to Nebraska
I am not an attorney...Information may not be correct
I am not an attorney...Information may not be correct
more...
makeup Justin Walters (Justin
chi_shark
07-10 10:32 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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tonyHK12
02-15 09:18 AM
How about we ask our lawyers to contribute for this event?
Good idea, I was informed some have helped in the past.
Good idea, I was informed some have helped in the past.
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fastergcwanted
06-16 04:22 PM
First of all, congrats to everyone in the final stages of this tedious and frustrating process.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
desi3933
01-30 02:32 PM
......
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933
09-03 01:52 PM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
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