gauravster
07-08 04:10 PM
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
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prakgc
12-18 03:03 PM
Dingundi,
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
GCStatus
09-13 10:25 PM
Could you provide details on your POA (Plan Of Action) .. how are you going to go about facing them, confronting them, demanding justice? I'd be happy to pitch in.
Like i said, we ask them to do either one of 2 options. If they dont, we file a lawsuit ( obviously its understood the ground work is done )
Like i said, we ask them to do either one of 2 options. If they dont, we file a lawsuit ( obviously its understood the ground work is done )
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sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
more...
fetch_gc
09-05 11:39 AM
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
snathan
02-11 10:11 PM
Sent $20 check today.
Folks, please consider contributing to the campaign.
Thanks a lot and its $1621
Come on guys
Folks, please consider contributing to the campaign.
Thanks a lot and its $1621
Come on guys
more...
manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
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feedfront
08-26 04:50 PM
I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.
Do you have contact info?
Do you have contact info?
more...
looivy
07-21 02:16 PM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
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guy03062
05-05 11:22 AM
Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.
more...
Foster2007
07-08 01:12 PM
I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
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eb3_nepa
12-11 07:29 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
more...
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eb3_nepa
08-13 05:01 PM
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
Receipt Date: 07/02/07
Notice Date: 08/06/07
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
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ch102
03-16 12:21 PM
some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html
http://imminfo.com/Newsletter/2009-3/2009-03.html
more...
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amitjoey
05-23 01:06 PM
Called Senator Leahy's office. The lady asked me to leave a message to the senator on the answering machine.
Neelu, Please post your messages on the phone thread also, it will inspire everybody to start calling.
Neelu, Please post your messages on the phone thread also, it will inspire everybody to start calling.
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Rohan99
09-25 02:04 PM
my attorney recieved receipts today...filed on July 3rd at nebraska center.
Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?
Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?
more...
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jguharaman
11-21 09:20 AM
Mehul
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
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royus77
07-07 08:50 AM
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
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gccovet
02-09 01:37 PM
Done with paypal.
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
pkv
01-22 08:59 PM
All,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
GCStatus
09-17 12:55 AM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
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