bharad
07-20 12:42 PM
I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.
If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.
Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.
Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.
You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category
If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.
Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.
Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.
You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category
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praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
greensignal
09-18 09:30 AM
:) Current Status: Card production ordered.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
I got my EAD but My wife's EAD is not yet approved though we applied on the same date. Just waiting.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
I got my EAD but My wife's EAD is not yet approved though we applied on the same date. Just waiting.
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drona
07-09 06:13 PM
Done. It was on the original press release but I went ahead and removed it anyway.
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somegchuh
05-05 05:39 PM
I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
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dingudi
02-05 11:38 AM
No FP yet for me too.July 2 filer. Application at TSC.
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JunRN
08-27 07:20 PM
my lawyer just faxed me my I-485 receipt.
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
Wow, this is good news...nearing my July 31st file. :D
Center: NSC
RD: 26th July (sent on 25th July)
ND: 22nd Aug
140 was approved at NSC. No LUDs on my approved I-140 or H1s.
Attorney sent his checks, so don't know whether those checks are cleared or not.
Even though I applied 485, AP, EAD for me and for my wife in the same package, we
received receipt for only my I-495. Hey, I'm not complaining. Just passing this info to you guys.
Wow, this is good news...nearing my July 31st file. :D
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morchu
05-08 02:36 PM
:) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
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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.
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imconfused
07-08 11:22 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
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n2b
08-13 11:18 AM
any LUD?
Nope, No LUD change on my I140
Nope, No LUD change on my I140
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Macaca
12-10 11:23 AM
Why don't you tell other proud americans to not
1. admit us to your educational systems,
2. give us jobs, and
3. sponsor our green cards.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
1. admit us to your educational systems,
2. give us jobs, and
3. sponsor our green cards.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
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anda007
07-09 12:01 PM
People (including me have already sent the flowers to be delivered on the 10th.
So please do not change these dates, since that would look very awkward.
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
So please do not change these dates, since that would look very awkward.
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
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gandu_no1
07-11 03:15 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
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guru76
11-18 05:15 PM
Sent
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thescadaman
11-17 04:17 PM
done - Thanks!
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paragpujara
08-11 09:26 PM
We got our Cards today along with Welcome notice.
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
icedgin
02-04 11:31 PM
A relative has invited me to be an immigrant to Manitoba. But currently we are derivative beneficiaries of my wife's EB3 visa and she is already in the US for 1 1/2 years as a lawful permanent resident.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
anzerraja
07-19 08:27 PM
Could you please help us doing that ? I asked GSC999 for the same thing. There is no reply yet.
can you create an excel sheet in google and share it so that it is easy to track the contribution
can you create an excel sheet in google and share it so that it is easy to track the contribution
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