dingudi
11-06 02:10 PM
All,
I do not think transfer matters. Mine was filed directly with TSC because my lawyers reason: my I-140 was approved from there.
Apahilaj,
I am guessing that we will probably receive similar response as posted by sweet_jungle that they are waiting for local ASC. I don't think we will receive FP after notice 30 days but this kind of response. Maybe local ASC are scheduling peoples appointment based on their name check results. Otherwise why would people who applied on last day of filing , Aug 16,2007 receive FP notice from my local ASC and not me.
Apahilaj, I have this idea. Is there a way we can reach an IO who is not associated with TSC but can give the same information. Maybe an IO of NSC/CSC.
I do not think transfer matters. Mine was filed directly with TSC because my lawyers reason: my I-140 was approved from there.
Apahilaj,
I am guessing that we will probably receive similar response as posted by sweet_jungle that they are waiting for local ASC. I don't think we will receive FP after notice 30 days but this kind of response. Maybe local ASC are scheduling peoples appointment based on their name check results. Otherwise why would people who applied on last day of filing , Aug 16,2007 receive FP notice from my local ASC and not me.
Apahilaj, I have this idea. Is there a way we can reach an IO who is not associated with TSC but can give the same information. Maybe an IO of NSC/CSC.
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
chmur
07-28 12:04 AM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.
Dude ..awesome post
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makemygc
07-02 09:14 AM
Sent via USPS
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
more...
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
sts_seeker
02-05 02:20 PM
Hi All,
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
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sss9i
11-21 07:13 PM
It is really sad to hear that.
Anybody have Idea about Hardship waiver for Wife.
Anybody have Idea about Hardship waiver for Wife.
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gcbikari
04-21 04:40 PM
I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
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Sachin_Stock
09-23 04:54 PM
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
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satish_hello
09-08 02:08 PM
I Just checked all my checks are encashed for me and my wife.
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
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acpani
08-28 12:00 PM
same boat
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jonty_11
07-05 01:09 PM
Gandhiri is not for this Country - all they listen to is Money......
Those who follow Gandhi are treated as if they were Hitlers allies...like MLK Jr. They are SHOT!!!
If you can weild a good $ bat, then they will listen to you..!!
Those who follow Gandhi are treated as if they were Hitlers allies...like MLK Jr. They are SHOT!!!
If you can weild a good $ bat, then they will listen to you..!!
more...
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vbkris77
05-01 01:51 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
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rtarar
05-21 09:25 AM
As you have efiled your EAD the FP you have received might not necessarily mean the FP for 485, it could be just for EAD. Gurus any comment!!
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
more...
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ashshah
12-16 03:55 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
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simplyforjunk
08-15 06:31 PM
Hi,
My I140 was approved from TSC, and 485 sent to NSC (delivered on Jul 24, 2007). Still no receipt, but I140 has the LUD as Jul 28, 2007. Just hope that this means transfer to TSC on Jul 28. Any opinions?
Thanks
My I140 was approved from TSC, and 485 sent to NSC (delivered on Jul 24, 2007). Still no receipt, but I140 has the LUD as Jul 28, 2007. Just hope that this means transfer to TSC on Jul 28. Any opinions?
Thanks
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jeffrey930
10-02 01:24 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
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ub27
02-17 10:07 AM
Donated $50.
Paypal transaction ID: 4P412963A81144324
Paypal transaction ID: 4P412963A81144324
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asterix
07-09 06:06 PM
http://www.palaceflorists.com/?PromotionCode=reset
This is a local DC florist who will send the flower on Jul 10th. They will deliver it tomorrow. Please use this and help make a statement and draw some attention
This is a local DC florist who will send the flower on Jul 10th. They will deliver it tomorrow. Please use this and help make a statement and draw some attention
willwin
07-28 11:31 AM
I disagree.
Why is it not easy to change from EB3 to EB2?
We have to decide what is important in life for us. Current job/salary/promotion/ status quo or Geeencard?
If someone wants EB2, they can change their job and apply again. The law does not prohibit that. So stop blaming unfair laws.
So the only reason why a lot of us are in EB3 is becasue we have chosen to stay with the current employer who pays us well and do not want to take the risk of a new employer. So it is our choice and not injustice. The system allows us options. We cannot want a cake and eat it too. I am also trying to find a new employer to change my job and file in EB2. Everyone is free to do that.
And stop claiming that you are fit for EB2 but are stuck in EB3. If you are fit for EB2 then why don't you apply in EB2? If you have a masters degree you can find a new job with EB2 that needs a masters degree. Anyone who does not have masters degree then get work experience and change your job to file in EB2. Ultimately we have to decide what we want.
yes, technically that is possible. But practically it may not be possible for the same reasons you said.
And to me they are valid. So you are asking some one in EB3 2002 to quit his current job and apply for EB2 because the system is inefficient and cannot grant him GC in 7 years and if tomorrow he does not get under EB2 as well, you will advocate him to file under EB1??
You are asking to adjust my body size to fit a dress instead of altering the dress itself. Just because the system provides 100 loopholes/opportunities/possibilities, does not mean one has to explore everything to get justice from the system. As I said, not EVERYONE can do that. Nevertheless, it is easy to give advise.
Why is it not easy to change from EB3 to EB2?
We have to decide what is important in life for us. Current job/salary/promotion/ status quo or Geeencard?
If someone wants EB2, they can change their job and apply again. The law does not prohibit that. So stop blaming unfair laws.
So the only reason why a lot of us are in EB3 is becasue we have chosen to stay with the current employer who pays us well and do not want to take the risk of a new employer. So it is our choice and not injustice. The system allows us options. We cannot want a cake and eat it too. I am also trying to find a new employer to change my job and file in EB2. Everyone is free to do that.
And stop claiming that you are fit for EB2 but are stuck in EB3. If you are fit for EB2 then why don't you apply in EB2? If you have a masters degree you can find a new job with EB2 that needs a masters degree. Anyone who does not have masters degree then get work experience and change your job to file in EB2. Ultimately we have to decide what we want.
yes, technically that is possible. But practically it may not be possible for the same reasons you said.
And to me they are valid. So you are asking some one in EB3 2002 to quit his current job and apply for EB2 because the system is inefficient and cannot grant him GC in 7 years and if tomorrow he does not get under EB2 as well, you will advocate him to file under EB1??
You are asking to adjust my body size to fit a dress instead of altering the dress itself. Just because the system provides 100 loopholes/opportunities/possibilities, does not mean one has to explore everything to get justice from the system. As I said, not EVERYONE can do that. Nevertheless, it is easy to give advise.
garamchai2go
08-01 12:37 PM
Paper renewal 6/20
Ead approved for 2 years(received card on 7/21)
Case status says it is still pending.
Ead approved for 2 years(received card on 7/21)
Case status says it is still pending.
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