desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
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blacktongue
11-18 01:39 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
sankap
07-10 04:43 PM
No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
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arunkotte
10-24 05:17 PM
Lame duck session is conducted with the current members, so the result of elections does not effect lame duck session but The next congress will.
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dingdong12
11-18 07:15 PM
for me and the wife
rbusgc
02-24 01:29 PM
Receipt No: 5475-4035-1880-0959
RB
RB
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akhilmahajan
02-09 11:28 PM
Thanks a lot us_employee.
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
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Suva
08-13 11:40 AM
If it's a july filler then there is a chance of getting rejected because it reached there on June 30.
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
more...
seshuvaidehi
08-25 06:32 PM
Reached application to NSC on 7/23. No checks cashed yet.
Anybody else there with 7/23 received date?
Anybody else there with 7/23 received date?
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ajay
02-14 06:21 AM
My Transaction id for this amount $50 is 21R90011LK1150120.
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ramno1
08-28 10:36 AM
I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
TSC yet. Does any body got receipts who applied on JUL 3rd...?
TSC yet. Does any body got receipts who applied on JUL 3rd...?
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manderson
03-08 10:17 AM
:D :D :D :D Go Outback tonight. Life will still be here tomorrow.
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Dhundhun
12-17 02:24 PM
1. Good health (which we often take for granted)
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
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mhathi
10-08 02:55 PM
Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
more...
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gsc999
07-06 04:19 PM
I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.
Thanks for posting, I will be there to represent IV.
Thanks for posting, I will be there to represent IV.
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reddymjm
06-08 06:48 PM
How did you get this information so fast? Did you call them?
you can see the LIN# on the back of the check. i gave my own checks for the fees.
you can see the LIN# on the back of the check. i gave my own checks for the fees.
more...
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ganeshtsk
07-05 11:27 AM
This is a neat idea to draw worthwhile attention which at the same time won't cause any hatred. I'm sure most of us would like to act upon this.
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
Can one of core members talk to a florist and workout some kind of arrangement where if we call them and give a code and payment they would process the order with a pre-set message and delivery address. I'm sure we will have a large participation if we make the process simple for the mass.
Also make this a front page message.
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gc_maine2
08-13 02:44 PM
As per the discussion's from other threads about LUD, it's been largerly agreed that there is no relavance between the LUD change/not change to one's 485 application. Hopes this will clear your doubt.
Hi all,
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
Hi all,
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
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pamposh
09-17 03:00 PM
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
gauravster
07-08 04:10 PM
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
gcspace
10-12 03:27 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
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