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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PD_Dec2002
06-22 01:51 PM
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
saimrathi
07-10 02:42 PM
I wish there was a link to the coverage..
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
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abq_gc
09-02 08:10 PM
What are the steps to be taken after receiving GC ?
more...
subdhar
08-24 01:35 PM
did you get this approval from TSC or nebraska??
va_labor2002
06-22 03:22 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
more...
lost_in_migration
05-01 05:31 PM
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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nixstor
06-22 01:49 PM
I have a electronic mail from them with the 140 receipt Notice (as PDF)
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
more...
vbkris77
05-04 10:52 PM
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.
I am not talking about EB1 here.
Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..
This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.
I am not talking about EB1 here.
Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..
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alterego
10-25 11:35 AM
Hi,
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
If the Dems win control of the Senate, I expect no major changes for us. The amnesty bills are already passed easily in the Senate as is anyway. That doesn't change anything for us there.
In the House, this will be a close race. Even if Dems barely win in the House, what is less likely, then they may well find themselves struggling again to get major votes for the amnesty bills. Remember that the amnesty bills got rejected in the House by large margin - and - enforcement only bills got approved there widely. Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill. Let them pass Dream Act, and then we, the Employment Base applicants will be in a real dream for a long time.
It won't be easy, folks.
Thanks,
Your Friendly Ombudsman bringing you a dose of daily reality.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
more...
atlfp
05-05 10:36 PM
He introduced the bill because he knows the problem very well. So we don't really need to flood him to push him (to thank him makes sense). The focus should be try to get other Senators onboard.
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
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SunnySurya
08-18 02:45 PM
You got that right!, so you are going to help out here or what?
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
more...
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pappu
08-18 01:35 PM
IV Core is Busy withdrawing money from the bank account.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
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abq_gc
08-18 01:22 PM
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
more...
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FinalGC
07-09 01:34 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
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guchi472000
03-26 09:41 AM
My PD is EB2 Nov 2006.
more...
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simple1
05-02 01:04 AM
Families will never get separated. Please don't use emotional wordings without basis.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
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desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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Carlau
06-18 10:48 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
abq_gc
08-19 12:11 PM
USCIS has invented a very nice random number generator. They use it for every purpose
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
kshitijnt
07-09 02:24 PM
where is the attachment?
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
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