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wantgc23
09-09 08:34 PM
In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
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rdehar
10-08 02:48 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
gc_peshwa
11-19 01:09 PM
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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punjabi
12-17 02:18 PM
Hi friend,
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
samrat_bhargava_vihari
06-12 09:38 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
we ( 5+6 dependents) applied on 5/31. Reached NSC on 6/1 but not yet received our notices.Hoping we will get them this week.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
we ( 5+6 dependents) applied on 5/31. Reached NSC on 6/1 but not yet received our notices.Hoping we will get them this week.
reddymjm
02-17 12:29 PM
you just completed your payment.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
more...
neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
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JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
more...
mnq1979
09-22 09:38 PM
Today i received mine and my wife Receipt # for I-485 application which was received by NSC on 23 July. However the receipts that i received is from
California Service center as they start with WACXXXXX.
My lawyer also applied for the work permit for myself and my spouce but i havent received any receipt of that applications. I did not confirmed with my lawyer yet whether he has received any receipts or not.
I cheked the status of my I-485 application and it says that they have transfered our case to TSC.
The receipt date on the notice is sep. 15 2007 and the notice date is
sep. 18, 2007.
I belong to EB3/ROW category.
California Service center as they start with WACXXXXX.
My lawyer also applied for the work permit for myself and my spouce but i havent received any receipt of that applications. I did not confirmed with my lawyer yet whether he has received any receipts or not.
I cheked the status of my I-485 application and it says that they have transfered our case to TSC.
The receipt date on the notice is sep. 15 2007 and the notice date is
sep. 18, 2007.
I belong to EB3/ROW category.
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nehas
01-29 05:39 PM
thanks for the reply but i already accepted the employment with the employer who sponsored my H1B
more...
sainwa
06-16 11:53 AM
Concurrent I-140/I-485: Yes
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
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admin
05-05 11:34 AM
Dear admins,
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
more...
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wantgc23
09-09 08:30 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
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feedfront
08-26 01:56 PM
I had taken infopass and officer sent an email to TSC enquiring about current status. Today, I got snail mail reply..
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
more...
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drona
07-10 12:05 AM
The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!
http://blogs.ilw.com/gregsiskind/
http://blogs.ilw.com/gregsiskind/
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amdn123
01-24 06:52 PM
Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
more...
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acecupid
07-03 01:29 PM
still valid link
http://www.ftd.com/350/catalog/product.epl?product_id=F488
http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google
any vendor is fine. its a token of protest
I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..
Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D
http://www.ftd.com/350/catalog/product.epl?product_id=F488
http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google
any vendor is fine. its a token of protest
I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..
Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D
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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.
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shana04
07-20 11:27 AM
Could some body please let me know on how to contribute ?
I pledge $100.
Thanks,
Balakishore
( Contributed $100 till today )
Friend,
I have contributed through the link on home page.
Thanks,
Shana04
I pledge $100.
Thanks,
Balakishore
( Contributed $100 till today )
Friend,
I have contributed through the link on home page.
Thanks,
Shana04
lakshman.easwaran
08-15 03:24 PM
My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.
indyanguy
03-25 10:36 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
Source URL: http://katyparryblog.blogspot.com/2011/06/tribal-chest-tattoo.html
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