lp2007
11-17 09:16 PM
Email sent! Thanks for posting the link.
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sureshtreddy
02-09 11:03 PM
Contribute $50
Unique Transaction ID # 16236410Y45425302
Unique Transaction ID # 16236410Y45425302
jsb
03-10 01:25 PM
Sayantan,
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
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vengaiah
04-29 06:55 PM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
more...
desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
sai948
04-05 11:30 PM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
more...
unitednations
08-25 03:39 AM
I am not sure what the writer is trying to say.
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
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mahujam
08-04 03:18 PM
I am not current. I possibly cannot get GC at this time.
more...
svgupta
05-23 11:50 AM
and hopefully, some take an action!
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Greatdesi
08-23 12:04 PM
Hi Asethura,
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
more...
ramus
07-08 09:16 PM
http://immigrationvoice.org/forum/showthread.php?t=6212
Give me a link to DC thread...
Thanks
Give me a link to DC thread...
Thanks
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summerof98
06-16 01:57 PM
My attorney received all six receipts and sent it to my home address by UPS.
Here are the details:
Priority Date: Jan 2002
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
All receipt numbers (me and my wife) start with SRC-07-XXX-XXXXX
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Here are the details:
Priority Date: Jan 2002
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
All receipt numbers (me and my wife) start with SRC-07-XXX-XXXXX
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
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royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
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cool_guy_onnet1
05-03 03:30 PM
source immigration-law.com
05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation
* Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
* Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
* By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
I am a big fan of oh-law and I see what he is trying to explain - but common-sense suggets that all the law firms are scared that instead of 12 million pottential customers they will only see 0.5 (legal) and 4-5 million (>5 year illegal resident if comprehensive bill passes).
Would you like your customer base to go down by 50 or 96%? I guess No- so don't pay too much attention to who cries faul- It's all fair as long as we The hard working tax-paying technology workers get piece of american dream.
At this point it's all about flexing the muscles-
No politics, it's just plain vanila human greed!
05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation
* Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
* Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
* By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
I am a big fan of oh-law and I see what he is trying to explain - but common-sense suggets that all the law firms are scared that instead of 12 million pottential customers they will only see 0.5 (legal) and 4-5 million (>5 year illegal resident if comprehensive bill passes).
Would you like your customer base to go down by 50 or 96%? I guess No- so don't pay too much attention to who cries faul- It's all fair as long as we The hard working tax-paying technology workers get piece of american dream.
At this point it's all about flexing the muscles-
No politics, it's just plain vanila human greed!
more...
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debabratn
07-05 09:31 AM
Received at Lincoln, NE. Sign for by J.BARRRET at 10.25 AM.
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kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
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shantak
02-05 11:34 AM
I called my attorney today to inquire about this and he told me that one-third to one-fourth of the applications that he has filed in July are yet to receive the FP notices and he asked me not to worry about it.
Hope he is true and that we will be getting the FP notices soon.
I will keep you all updated
thanks
Called the service center.Muiltiple times.Opened SR twice still no FP yet.
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
Hope he is true and that we will be getting the FP notices soon.
I will keep you all updated
thanks
Called the service center.Muiltiple times.Opened SR twice still no FP yet.
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
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ramus
06-05 05:13 PM
All you lucky guys who can file for 485, please contribute to IV.
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
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simple1
05-01 12:15 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
chakri_28
08-13 03:35 PM
I got all my receipt numbers from the cashed checks. Checks cashed on August 9th.
Filed applications at NSC.
Received @ NSC on July 2nd.
Filed applications at NSC.
Received @ NSC on July 2nd.
reachthepalace
09-13 11:40 AM
Received note from my lawyers today on I-140/I-485 receipt at NSC
PD: June 2007
Labor:EB2
140/485 filed: July 27, 2007
Received at NSC: July 30, 2007 (Don't know who signed etc.)
Recept dated: Sept 6, 2007
-D
Not attending DC rally due to personal reasons.
PD: June 2007
Labor:EB2
140/485 filed: July 27, 2007
Received at NSC: July 30, 2007 (Don't know who signed etc.)
Recept dated: Sept 6, 2007
-D
Not attending DC rally due to personal reasons.
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