pandu_hawaldar
07-21 10:54 AM
EAT at TSC
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
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nemadeni
03-25 03:19 PM
Wait for Oct 2008 for any possible movement.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
tikka
07-09 10:04 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
2011 emo couple holding hands
gsc999
07-08 06:03 PM
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
---
That is a good start. We had around 14 people on 07/07 demonstration but it was fun. Thirty is double that. I will keep you posted on what strategy we are following in Bay area. I will also request the Chinese member to post about the local event in DC once we finalize the logistics today evening.
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
---
That is a good start. We had around 14 people on 07/07 demonstration but it was fun. Thirty is double that. I will keep you posted on what strategy we are following in Bay area. I will also request the Chinese member to post about the local event in DC once we finalize the logistics today evening.
more...
ruby
07-20 11:50 AM
I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).
stucklabor
06-20 10:30 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
more...
rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
2010 Drawing holding hands, Added
rajeev_74
07-07 10:12 AM
With H1-B people had some idea that apps might get rejected..in this case it was a total miscommunication....now some people might say miscommunication is not illegal which I strongly disagree...
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
more...
vdlrao
09-10 02:41 AM
It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.
...
I presume its already changed. Thats the one of the reasons, I guess, why they didnt move back the EB2-I/C dates instead moved a little further. Its a clear indication that they moving the dates steadily and consistently against the applicant numbers.
...
I presume its already changed. Thats the one of the reasons, I guess, why they didnt move back the EB2-I/C dates instead moved a little further. Its a clear indication that they moving the dates steadily and consistently against the applicant numbers.
hair emo couple holding hands
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
more...
akashya
07-06 03:51 PM
I won't be amazed if I see Gandhigiri on Comedy Central Tuesday night.These two shows have huge fan following among youth.
PS: DO NOT start a rumor that daily show or colbert are covering this event.
PS: DO NOT start a rumor that daily show or colbert are covering this event.
hot holding hands sketches.
apahilaj
11-07 01:09 PM
i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
Thanks much.
What is the email address that you sent this to?
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
Thanks much.
What is the email address that you sent this to?
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house hands holding each other.
blackberry
08-27 09:52 AM
Bump..
tattoo Happy Couple Holding Hands
Michael chertoff
02-10 08:31 AM
Is this the best you got??
C'mon kiddo
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
C'mon kiddo
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
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pictures Draw People Holding Hands
sunnysharma
06-11 10:21 PM
Print this up, You should be able to see LIN/WAC numbers clearly..
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mariusp
03-18 07:57 PM
Most of us filed in July but had our cases transfered to TSC later. For example, I filed July 12 @ NSC and the receipt was generated on Sept 10 from TSC. I know of others with ND Sept 10 @ TSC who didn't receive FP notices, including coworkers of mine. It looks like someone at TSC took a few shortcuts during the receipting process.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
more...
makeup Hama are holding hands.
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).
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bsbawa10
05-09 05:50 PM
I am all for law suite. That is the only thing that will work if it will. I have also written to whitehouse.gov/contact.
Thanks.
Thanks.
hairstyles is holding in his hands.
kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
anzerraja
07-19 09:44 PM
Thanks !
I am in
$200.00 to start. Will definitely contribute more.
I am in
$200.00 to start. Will definitely contribute more.
saimrathi
07-09 04:13 PM
Originally Posted by Naveen
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
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