chmur
07-28 12:23 AM
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
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sina
08-26 12:14 PM
No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.
Thanks,
Sina
Thanks,
Sina
mirage
03-07 11:25 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...
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
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Pineapple
10-27 12:21 PM
Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.
For those who did not get my reference to "Ed Anger" of the Weekly World News:
http://en.wikipedia.org/wiki/Weekly_World_News
Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.
For those who did not get my reference to "Ed Anger" of the Weekly World News:
http://en.wikipedia.org/wiki/Weekly_World_News
Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.
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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)
walker15
08-26 05:22 PM
I think anytime 6 months before the expiry of your current H1B extension.
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ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
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jbr
09-14 01:27 PM
(I had posted a similar note a couple of weeks ago. I apologize for doing so again, but I feel this needs to be said).
We legal immigrants need to make our voices heard because 99% of the US Citizens do not know our (sad) story. Here are some highlights (nothing new to the users of this site):
1. Most of us are highly educated.
2. .. work hard (because otherwise why would our employers sponsor us).
3. .. follow all the laws and pursue legal immigration.
4. .. are deeply invested in this country - so many of us own houses, mutual funds, etc. that are investments in the Economy.
5. .. contribute to the society in a variety of ways including: paying taxes, inventing so much of the new technologies (especially in the computer industry).
It wouldn't be too hard to get statistics on how much employment-based immigrants contribute to the economy - number of companies started by former immigrations, number of patents filed, US citizens employed by such companies, correlation of the growth of the Computer Industry with Employment based Immigration. I believe a very strong case can be made in our favor.
And all we ask for is a fair shot at permanent residence in this country. Not only do we not get that, the process is opaque and we have NO idea how long it may take for us to navigate each one of the many stages of this process. The process is completely unbounded and we have no way to planning our lives.
I bet if the US Citizens at large find out what we go through day-to-day they would be appalled. One way to do so is to peacefully protest in public - perhaps outside the USCIS offices. It is probably a dumb idea, but I wanted to bring it up - let us not sell our selves short, there are a lot of us and if we combine our voices it would be loud enough to get to the right ears. I am sure we will see action.
We legal immigrants need to make our voices heard because 99% of the US Citizens do not know our (sad) story. Here are some highlights (nothing new to the users of this site):
1. Most of us are highly educated.
2. .. work hard (because otherwise why would our employers sponsor us).
3. .. follow all the laws and pursue legal immigration.
4. .. are deeply invested in this country - so many of us own houses, mutual funds, etc. that are investments in the Economy.
5. .. contribute to the society in a variety of ways including: paying taxes, inventing so much of the new technologies (especially in the computer industry).
It wouldn't be too hard to get statistics on how much employment-based immigrants contribute to the economy - number of companies started by former immigrations, number of patents filed, US citizens employed by such companies, correlation of the growth of the Computer Industry with Employment based Immigration. I believe a very strong case can be made in our favor.
And all we ask for is a fair shot at permanent residence in this country. Not only do we not get that, the process is opaque and we have NO idea how long it may take for us to navigate each one of the many stages of this process. The process is completely unbounded and we have no way to planning our lives.
I bet if the US Citizens at large find out what we go through day-to-day they would be appalled. One way to do so is to peacefully protest in public - perhaps outside the USCIS offices. It is probably a dumb idea, but I wanted to bring it up - let us not sell our selves short, there are a lot of us and if we combine our voices it would be loud enough to get to the right ears. I am sure we will see action.
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chapper
08-13 04:38 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Received 8/13 Today)
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Received 8/13 Today)
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gk_2000
02-17 11:16 AM
thanks ub27, gc_on_demand
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
What is the difference between the two? IMO, two words "Effective Marketing". Come on, where are the MBA's among us who can offer strategy? Actually I feel we are so backward that we don't even need MBA's to improve from here, just any simple ideas
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
What is the difference between the two? IMO, two words "Effective Marketing". Come on, where are the MBA's among us who can offer strategy? Actually I feel we are so backward that we don't even need MBA's to improve from here, just any simple ideas
more...
asdcrajnet
07-02 09:52 AM
Same here..But I am little lucky.My PD is May 2003.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
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gcpool
10-03 06:01 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?
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snathan
02-09 02:41 PM
Thanks Akhil,
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thanks a lot and wish you all the best for your new job soon.
Here are the details:
Payment Sent (Unique Transaction ID #1E592259U64890231) $25
Thanks.
Thanks a lot and wish you all the best for your new job soon.
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diptam
06-27 11:53 AM
Point1) makes me perplexed - Can there be agreements with open ended
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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hi_sunny74
09-17 09:34 AM
Hi,
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
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vadapav
12-02 03:46 PM
Friends,
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
more...
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arnet
05-23 03:31 PM
I heard in yesterday radio talk show (with PA congressman) that a new group formed by house representatives (congressmen) called "representatives for legal immigration" (exact name not known because they said they are constructing a new website too), looks like, they oppose the illegal and support legal immigration. nt sure whether they will be of any help atleast during STRIVE bill debate to bring some relief to EB.
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HOPE_GC_SOON
07-21 01:23 PM
Following are details:
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
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sam_hoosier
12-19 02:33 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
bekugc
04-16 01:05 PM
endlesswait;
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
Roger Binny
05-10 01:21 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
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