kannan
01-08 08:42 PM
Mine is NSC to CA, Still in CA only,opened 2 SR for FP,no use.Anybody is still in CA
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Devils_Advocate
03-07 01:14 PM
You guys can scream, cry, sue, jump, sing, dance whatever, no one is going to touch any country cap legislation or any pro immi legislation till about 2011-12 at least (though i m sure it wont happen then either)
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.
Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.
perm
08-06 02:35 PM
My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
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delax
07-05 11:59 AM
Reached Lincoln NE July 2 at 9.01 a.m. Signed by R MICKELS
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Ramba
07-11 11:39 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?
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.
Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, 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". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.
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?
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.
Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, 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". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.
rolrblade
11-21 08:10 AM
Hello Mehul:
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
more...
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:).
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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eers
07-09 03:12 PM
emailed below to Houston Chronicle
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
Dear Sir/Madam
I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
Please refer to the attached press release for more information
http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg
More information about this initative and the current f iasco is available at http://immigrationvoice.org/
This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"
If we can provide any more information, please contact me or the email address provided in the press release link.
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sGC
08-24 08:06 AM
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Hi Subdhar
I got the CPO emails on 19th. I am at TSC.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Hi Subdhar
I got the CPO emails on 19th. I am at TSC.
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gk_2000
11-17 09:24 PM
not "To easy the pain caused"
To ease the pain
To ease the pain
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royus77
06-22 04:56 PM
My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.
I was thinking of disclosing my employers name but then I will never be able to file I-485
Its a universal truth that Desi companies are blood suckers still we will work with them .....who to blame ???????
I was thinking of disclosing my employers name but then I will never be able to file I-485
Its a universal truth that Desi companies are blood suckers still we will work with them .....who to blame ???????
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sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
more...
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conchshell
05-11 08:49 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
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h1techSlave
03-08 08:10 PM
If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
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SeanDell
05-30 07:43 PM
Has anyone used AVR recently coming back from Canada?
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nixstor
06-22 01:49 PM
I have a electronic mail from them with the 140 receipt Notice (as PDF)
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
more...
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chanduv23
11-21 02:01 PM
Dear Mehul,
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
Sorry to hear about your situation. Our prayers to God to help you in your situation.
Attorney Prashanti Reddy has been involved in a lot of pro bono work especially for spouses of 9/11 victims. You can contactt her, let me know if you want to get her consultation. She is a big supporter of IV.
Like everyone here said, things change. I am sure things will go well for you.
Chandrakanth
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probe
09-12 02:52 PM
My I-140 approved from TSC. I had sent my I-485 to NSC and I was expecting my application will be transferred to TSC.But, I received receipt from NSC.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
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Beemar
09-04 11:10 PM
Got the magic email!! Yoo Hoo!!
surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
pappu
07-21 10:08 AM
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
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