jjava100
11-19 02:04 PM
and sent to six of my friends......
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roseball
11-17 07:58 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
Done.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
Done.
petepatel
07-30 07:25 AM
Priority Date is Nov 2004
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
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sammyb
11-21 10:58 AM
Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...
more...
insbaby
08-18 09:05 PM
So, how are u going to help us????
Two weeks back, your priority was to file a law suite against porting from EB3 to EB2.
Now after seeing your own buddies get approval before you, you put the previous plan on hold (sure you have not dropped it) and working on the new item.
All we can do is to send letters to USCIS to expedite the process and give SunnySurya green card at the earliest.
So not only EB3 but EB2 also escape from new issues.
I am with you.
You are almost there, you will get GC tomorrow or next week, who knows.
Two weeks back, your priority was to file a law suite against porting from EB3 to EB2.
Now after seeing your own buddies get approval before you, you put the previous plan on hold (sure you have not dropped it) and working on the new item.
All we can do is to send letters to USCIS to expedite the process and give SunnySurya green card at the earliest.
So not only EB3 but EB2 also escape from new issues.
I am with you.
You are almost there, you will get GC tomorrow or next week, who knows.
helmet
09-03 02:14 AM
received cpo email for EAD today. AP is still pending and there is a soft LUD on 9/1/08.
RD: 7/15/2008
RD: 7/15/2008
more...
dreamworld
08-16 12:36 PM
PD: EB3 - Mar 2004
140: got approved on June 2007 at TSC. LUD 8/12/2007
485: July 2, 2007
No checks cashed yet!!!
What is LUD mean?
From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
140: got approved on June 2007 at TSC. LUD 8/12/2007
485: July 2, 2007
No checks cashed yet!!!
What is LUD mean?
From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
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sankap
07-10 03:14 PM
I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
more...
fetch_gc
09-17 01:41 PM
gcspace,
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
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Chris Rock
09-23 08:35 PM
EB3 India guys realized that this is the only path to GC nirvana!
So our(EB3I) mantra now is "Port, baby, Port".:D
So our(EB3I) mantra now is "Port, baby, Port".:D
more...
chanduv23
07-09 09:12 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking 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
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking 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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arunmohan
09-09 08:02 PM
Totally agree with you dude, is IV doing anything about this issue?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
more...
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dreamworld
12-13 04:42 PM
I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
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yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
more...
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knnmbd
05-07 04:18 PM
Another warning. We will not tolerate flaming wars or denigrating posts.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.
All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.
All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.
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saturnring11
07-22 06:53 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
more...
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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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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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dixie
12-14 06:25 PM
F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
gc_chahiye
10-08 01:17 PM
It already does, if you have an approved I-140 based on your LC.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
desi3933
07-09 12:24 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
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