snathan
05-01 12:35 PM
I would not support this at all. Though it would clear the back log for the primary immigrant. What about the spouse and children. When you get your GC, dont you want to get it for your spouse and kids. Do you want them to keep in limbo for five years. It can be counted against family quota but should be given along with the primary. Otherwise its crap.
This might be antis work to divide the community. So be aware.
This might be antis work to divide the community. So be aware.
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bindoke
08-24 02:48 PM
did you get this approval from TSC or nebraska??
Nebraska
Nebraska
SivaMayam
08-14 09:02 AM
Dear Friends,
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
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rc0878
08-27 02:31 PM
Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#
more...
Becks
08-03 04:56 PM
My AP's receipt date at TSC was 6/30. It was approved on 7/13 and I have received APs from attorney last week. BTW, my EAD/APs were sent to NSC on 6/15 but only AP was forwrded to TSC and I got receipt date as 6/30 from TSC. So it took 4 weeks including forward time from NSC to TSC
Are AP's being approved faster ?
When did you apply ?
Are AP's being approved faster ?
When did you apply ?
malaGCPahije
03-26 03:50 PM
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...
Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...
more...
Suva
03-25 05:52 PM
My PD is Dec 2004. I am hoping in 2010.
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javadeveloper
07-20 02:15 PM
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
more...
Ushakiran
05-10 11:36 AM
If IV has any plan to remove the unfair 7% quota by either lawsuit and/or lobby, I will donate $ 200 as well.
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
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sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
more...
saisujatha123
05-11 02:35 PM
What location?
How and where do we send flowers to obama?
How and where do we send flowers to obama?
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ilikekilo
03-07 11:41 AM
The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
more...
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gc_vbin
02-21 01:13 PM
Donated $50 via paypal
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
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simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
more...
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desi3933
05-11 05:16 PM
we are talking about inclusion logic here. Not the exclusion logic.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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delhiguy
07-07 08:44 AM
What about the applications received before release of bulletin?
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
more...
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ars01
07-19 08:31 PM
$100 from me.
Rahul :)
Rahul :)
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SGP
11-17 03:39 PM
Done
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dtekkedil
07-05 02:49 PM
Hey Prashant can you add the plan of action into your first post on this thread?
sanjay
02-09 02:34 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
vinabath
04-19 10:43 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
i think as long as you are not working for the same client after you moving to the preferred vendor you should be good. Usually non-competes are created to protect their business. this is the simple non-compete. i think there are 2 solutions in your situation.
1. If company A is doing lot of business with company B or Client. You can ask help for the vendor or client to convince A. usually A should will oblige as they might risk future business from Vendor or Client.
2. As you have already told which company you would be working for.... ask A for a raise.....
As far experience letters are concerned...... they have to give it.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
i think as long as you are not working for the same client after you moving to the preferred vendor you should be good. Usually non-competes are created to protect their business. this is the simple non-compete. i think there are 2 solutions in your situation.
1. If company A is doing lot of business with company B or Client. You can ask help for the vendor or client to convince A. usually A should will oblige as they might risk future business from Vendor or Client.
2. As you have already told which company you would be working for.... ask A for a raise.....
As far experience letters are concerned...... they have to give it.
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