imneedy
08-30 08:36 AM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
wallpaper 19 of 26. Reese Witherspoon
vkrishn
08-24 11:12 AM
Any approvals this week? Seems to be slow.. Wait continues!
sunofeast_gc
07-08 03:49 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...
So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....
Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...
So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....
2011 Reese Witherspoon and Ryan
CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
more...
zj142
07-08 09:12 PM
she is so good at changing topic and avoiding the critical truth
jkays94
06-26 02:02 PM
Unfortunately no community is safe from that irrational attacks of racism!
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
more...
vallabhu
07-02 10:00 AM
My Attorney mailed 225 Packages via DHL shipped at June 30 12:00 EST on Saturday, I was 5 minutes late so mine went on 4:00 PM FEDEX.
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
2010 Reese Witherspoon and Ryan
sbanil
09-20 10:37 PM
Which number to call?? Do they ask all the details of lawyer as well??
Thanks
What is the phone number to call to get the status of application? My applicaiton received on July 2nd at Nebraska Center and still no receipt notice . Checks are not cashed either. Is there anyway to findout the receipt number?
Thanks
What is the phone number to call to get the status of application? My applicaiton received on July 2nd at Nebraska Center and still no receipt notice . Checks are not cashed either. Is there anyway to findout the receipt number?
more...
desi3933
07-10 12:28 AM
....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
hair Ryan Phillippe is proud to
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?
more...
dkshitij
02-18 04:05 PM
Same for me. What do I need to do to get access to donor forum ?
You need to be signed up for recurring donations. One time donation does not count.
You need to be signed up for recurring donations. One time donation does not count.
hot Ryan Phillippe and Reese
nochoice
09-06 03:21 PM
I received FP notice today.
EB2-NIW, PD Sept 30, 2005
I-485 application mailed: July 18, 2007
Service Center: Nebraska
Application delivered: July 20, 2007
I-485 Receipt Notice date: Aug 16, 2007
EB2-NIW, PD Sept 30, 2005
I-485 application mailed: July 18, 2007
Service Center: Nebraska
Application delivered: July 20, 2007
I-485 Receipt Notice date: Aug 16, 2007
more...
house As their kids have pretty much
bekugc
04-16 01:05 PM
endlesswait;
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
tattoo Ryan Phillippe kids deacon
shakunbansal
09-13 01:10 AM
Seems that very few people have recieved anything who have filed between 4th and 16th aug.
more...
pictures Reese Witherspoon was spotted
anzerraja
07-20 02:36 PM
See my other post. People responded very specifically because this drive was directed towards a certain cause. I think we need to respect that.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
dresses Ryan Phillippe is finally
rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
more...
makeup Ryan Phillippe congratulates
amitjoey
05-23 12:33 PM
Sent Emails to 2+ 10 senators.
girlfriend Reese Witherspoon looks like
willwin
03-25 05:41 PM
Basis for this "trust", please?
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
hairstyles Ryan recently wished Reese the
sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
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 permanent 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)
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. From tax standpoint, W2 means the company (which 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. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) 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. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) 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 many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, 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?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
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".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
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 permanent 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)
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.
chanduv23
02-18 02:36 PM
thanks kumar_459. Just one for today so far.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
deepakjain
05-08 05:53 PM
My Apologies if this seems a bit rude to you...
IV is specific for people those who are awaiting permanent residence...but looking at the recent set of events for those who are not in queue and are new here with just 2-3 years of stay in State....on H1B...
Following is happening and it has a reason...I know many of my friends who have been denied H1B, L1 extensions ..these are those people who have just started PERM...
EB2 dates moving to Jan 00 and other not under U, has a specific reason as well; quota is one reason but it is not the only reason in the current state...these is another means to make sure that those who are trying to get GC and other who are trying to stay for 6 years under H1B should be putup into a spot that the thought of leaving this place and ending up back home becomes a reality..
I am sure out of total 500K awaiting the GC process, will have now atleast a second thought of going back home...H1B and L1 under 6 years are now also being forced to return back....
IV is specific for people those who are awaiting permanent residence...but looking at the recent set of events for those who are not in queue and are new here with just 2-3 years of stay in State....on H1B...
Following is happening and it has a reason...I know many of my friends who have been denied H1B, L1 extensions ..these are those people who have just started PERM...
EB2 dates moving to Jan 00 and other not under U, has a specific reason as well; quota is one reason but it is not the only reason in the current state...these is another means to make sure that those who are trying to get GC and other who are trying to stay for 6 years under H1B should be putup into a spot that the thought of leaving this place and ending up back home becomes a reality..
I am sure out of total 500K awaiting the GC process, will have now atleast a second thought of going back home...H1B and L1 under 6 years are now also being forced to return back....
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