eastindia
02-04 09:52 AM
$49,200 to go.
Thank you members for contributing.
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
Thank you members for contributing.
50 thousand members and only 10 people contributed?
Shameful. If this is the situation, will IV cancel the event?
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somegchuh
10-08 05:37 PM
I see three groups emerging in this disucssion:
1. We applied labor in 2002/3/4. Therefore, GC should be PD based.
2. We applied labor in 2001/2/3 but had to reapply in 2005/6, therefore GC should be based on number of years in US.
3. Govt should "end retrogression" and give green cards to everyone.
I can understand the rationale of all three groups: they want things to work the way it will benefit them. In some way the rationale of first two groups can be justified also.
What I am having trouble with third "end retrogression". What does it exactly mean? There are only limited number of GC's per country. Are you talking about merging all the countries into one queue? I am not sure if ROW applicants will like that because that might set them back. Are we talking about raising the per country caps? How do you accomplish this "end retrogression".
gjoe/and others,
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
1. We applied labor in 2002/3/4. Therefore, GC should be PD based.
2. We applied labor in 2001/2/3 but had to reapply in 2005/6, therefore GC should be based on number of years in US.
3. Govt should "end retrogression" and give green cards to everyone.
I can understand the rationale of all three groups: they want things to work the way it will benefit them. In some way the rationale of first two groups can be justified also.
What I am having trouble with third "end retrogression". What does it exactly mean? There are only limited number of GC's per country. Are you talking about merging all the countries into one queue? I am not sure if ROW applicants will like that because that might set them back. Are we talking about raising the per country caps? How do you accomplish this "end retrogression".
gjoe/and others,
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
a_paradkar
08-28 10:01 AM
Our lawyer applied my Wife EAD on July 10 to VSC
Receive Date July 31
Notice Date Aug 1
CPO: Aug 28
Receive Date July 31
Notice Date Aug 1
CPO: Aug 28
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kshitijnt
07-09 03:28 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
more...
dingudi
05-21 10:04 AM
All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.
desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
more...
snathan
05-01 12:35 PM
I would not support this at all. Though it would clear the back log for the primary immigrant. What about the spouse and children. When you get your GC, dont you want to get it for your spouse and kids. Do you want them to keep in limbo for five years. It can be counted against family quota but should be given along with the primary. Otherwise its crap.
This might be antis work to divide the community. So be aware.
This might be antis work to divide the community. So be aware.
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
more...
apt29
01-30 05:02 PM
Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
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johny
09-06 03:25 PM
It looks like all service centers are following FIFO from last week of Aug. starting with jul 2nd applications.
http://www.murthy.com/news/n_ombloc.html
http://www.murthy.com/news/n_ombloc.html
more...
vikki76
09-29 11:30 PM
Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
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myvoice23
08-08 10:53 AM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
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qasleuth
02-12 12:18 PM
D%ck weed, I came to this country with the intention of studying and then working, but doing so legally.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
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man-woman-and-gc
09-15 06:14 PM
I 've sent pm.. please update the google doc.
Thanks gcgonewild. The spreadsheet is updated now.
Others who are wondering what's goin on..here's a recap:
We are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?k...8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
Thanks gcgonewild. The spreadsheet is updated now.
Others who are wondering what's goin on..here's a recap:
We are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?k...8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
more...
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jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
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simple1
05-05 10:24 AM
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
more...
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new2gc
09-03 11:41 AM
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
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snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
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josecuervo
08-20 09:54 AM
FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
MightyIndian
10-01 05:22 PM
WAC means CSC?? We applied on July 23rd at NSC and no news yet:(
YES
YES
gcwait2007
08-18 02:44 PM
Mine is a labor substitution case. Labor PD: 02/2007. I-140 filed on 06/29/2007 in NSC and received the case number and also notice of action (I-797). If it is not a labor substitution case, then it would have been filed in TSC.
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
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