Winner
06-26 06:29 AM
Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
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SkilledWorker4GC
07-21 11:44 AM
Mailed EAD Renewal on 7/7/08
Receipt Dt 07/09/2008
Notice Dt 07/09/2008
Receipt Dt 07/09/2008
Notice Dt 07/09/2008
designflaw
09-14 04:46 PM
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
more...
iam4u4ever
09-28 04:27 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
by starting a business and working for it ?
thanks
by starting a business and working for it ?
thanks
godspeed
02-10 04:00 PM
Hi,
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
more...
diptam
06-22 11:28 PM
Using spouse's name is a great idea ...
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
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smbaps
08-01 04:32 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
if I-140 is approved at Texas.
Has anyone have any idea?
more...
bkam
06-26 01:51 PM
I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
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jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
more...
mundada
09-10 04:05 PM
:D
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
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mirage
03-16 11:09 AM
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
more...
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HarshJ
01-06 12:31 PM
Hi,
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
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saketkapur
08-18 01:17 PM
Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
more...
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kondur_007
07-28 01:11 PM
OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
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satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
more...
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gk_2000
02-09 08:53 PM
Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a surprise, but after his talk about China and India, that was a bit surprising.
What question and answer?
What question and answer?
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BrazilianCitizen
06-12 12:14 PM
My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...
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gc4me
07-28 02:09 PM
LUD on I-131 and I-485 on 7/22 :confused:
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
ilikekilo
03-06 10:52 PM
And worst is the lottery...
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..
dtekkedil
07-10 07:57 AM
Here is the list copied from http://www.patrickcrusade.org/Fax.html:
ABC WASHINGTON DC 202-887-7684
...
Pacifica Radio, KPFT: 713-526-5750
Wall Street Journal: 212-416-2653
Christian Science Monitor: 212-764-9648
I can take over sending few of these faxes. Anyone else coming forward? We need to do this ASAP! They can be sent from your local Staples!
ABC WASHINGTON DC 202-887-7684
...
Pacifica Radio, KPFT: 713-526-5750
Wall Street Journal: 212-416-2653
Christian Science Monitor: 212-764-9648
I can take over sending few of these faxes. Anyone else coming forward? We need to do this ASAP! They can be sent from your local Staples!
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