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  • GCNaseeb
    08-27 07:15 PM
    485/765/131 filed at NSC.
    I-140 approved at NSC in June '07.
    EB3 PD: 08/03.

    No news yet.




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  • reedandbamboo
    09-13 09:30 PM
    And to be honest, I don't know what happens if they simply choose to ignore us !! But I'm done with doing NOTHING. I need to let them know what I think.

    On another note, it appears that the US has chosen to PRETEND to deal with immigration (legal and illegal) by endlessly proposing and killing legislation in Congress. This way they're throwing a bone to us (immigrants) while safeguarding their re-election (since they're not approving any kind of pro-immigration legislation, they aren't incurring the wrath of the almighty electorate).




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  • lord_labaku
    08-18 03:05 PM
    With this issue of priority date taking a back seat to notice date when dates are current :

    While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.

    Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.

    Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.

    It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.

    Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.

    For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.




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  • abq_gc
    08-18 01:21 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

    I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess



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  • eb3_nepa
    06-26 04:30 PM
    Umm, Eb3_Nepa, speeding is breaking the law. A speed limit is the law. In pointing out that a speeder is fined but an illegal immigrant is deported, you are pointing out the difference in punishment for breaking the law. The punishment is man's decree, nothing more, nothing less. One could argue that a speeder can cause more harm to society (by driving way faster than conditions permit, for instance) than an illegal immigrant. Yes, an illegal immigrant is breaking the law, but who knows what we would do if we had a bad life and made $1 a day and someone promises a better paying job in some other country. So let us not point fingers here, but focus instead on the value we add.

    You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.


    Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.

    Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.

    Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.

    You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.




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  • franklin
    06-14 08:07 PM
    Still haven't got mine yet. Attorney suggested another 2 more weeks. Doesn't sound like many (if ANY) have got their receipts yet. The only thing I've seen is that people who paid personally have seen their receipt numbers on cashed check images. This doesn't apply to those who didn't pay personally though.

    Who are all still waiting for Receipt notices? please share your info

    Here are my details
    File on June 1 at NSC
    I-140 approved by NSC
    No Receipt notice
    Checks not cashed yet,



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  • eastindia
    09-23 12:36 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.




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  • 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



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  • jsb
    11-02 11:56 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
    cjain:

    Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

    Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

    There are always grey areas in law, otherwise we don't need lawyers:).




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  • sankap
    07-09 10:00 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now



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  • das0
    06-23 11:20 AM
    Can an employer revoke the I-140 after 180 days of I-485 pending?




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  • trueguy
    03-10 12:00 PM
    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.



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  • vivache
    03-11 10:37 PM
    I've seen some posts here and people complaining that the GC process has a stranglehold on their lives.

    I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.

    But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
    But at the end of the day it is your life ..
    Simple options are:
    1. Wait .. since there is no other alternative
    2. Push through IV activities .. so that you are involved
    3. Check some other country ..
    4. Go back to India. (not saying in a bad way)

    At the end of the day .. peace of mind is more important.
    The only reason 99% of the people are here is becuase 1$=44.5Rs.
    Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .

    There are always answers.

    I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.




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  • mirage
    07-07 11:30 AM
    Please make a new thread with date time venue etc. With so much other things being discussed on this thread this thread is messed up. Please create a new thread may be with a poll .

    Am in the bay area..
    Just reading this thread, so not sure if I can attend today.
    Will surely attend the rally with my wife on July14th.

    Just a thought..Why not request all our GC/citizen friends to also attend?

    I will persuade all my friends to attend.
    If not anything, they can see it as a nice stroll in the downtown.

    -JK



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  • NKR
    04-24 01:31 PM
    Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.

    MR. Obviously


    Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.




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  • Prashant
    08-27 02:13 PM
    Application Sent to TSC
    Mail Sent: July 2, 2007, as per Fedex received by USCIS Dallas: July 03, 2007

    Checks Cashed on Friday Aug 24, 2007. Bank updated it today.

    It aiint gonna be long for you folks aswell.


    Cross post -- Posted under July 2nd Receipt thread .. Sorry!!



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  • sunofeast_gc
    07-08 08:29 PM
    140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
    < 40K GCs were available on June 12 2007: all categories were current.

    If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

    If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

    macaca, This is really good point




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  • YesGC_NoGC
    06-27 10:19 AM
    What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.



    I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.




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  • Santosh_gc
    06-25 05:23 PM
    I am sorry to say this but I am not at all surprised that CIR may not pass. Every American I know has called his/her Senator to tell them that they wont vote for them if they vote for amnesty. And that is expected since all they know about CIR is that it is an amnesty for illegal immigrants. I would have done the same thing if I was in their shoes.

    I dont know if I should be happy or sad that CIR will not pass.

    I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.

    I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.

    Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.

    santosh




    dsairam
    12-19 04:24 PM
    Hi All,

    I would like to know if I will get in trouble if I do this:
    First, switch to a completely unrelated job after 180 days of I485 filing,
    then, switch back to similar job when my priority date becomes current or close to becoming current.

    Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

    Thanks in advance!




    abhijitp
    11-21 03:09 PM
    Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.

    Though it is a big shock for me and my family, I have to get over it and think about their survival after me.

    My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"

    Fully appreciate your point. Do explore the option of having your GC expedited. Good luck!



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