srikondoji
07-09 10:48 AM
Logiclife,
I do understand that our biggest goal is to reduce backlog. With due respect to your opinion, i suggest that we restrict to july fiasco first and then when we get enough traction with this issue, we can then focus on larger issues like backlog reduction etc.
Now that each one of us breathing hot and cold about july error, we better trade on that line.
Just my 2 cents.
sri
Bay area residents:
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
I do understand that our biggest goal is to reduce backlog. With due respect to your opinion, i suggest that we restrict to july fiasco first and then when we get enough traction with this issue, we can then focus on larger issues like backlog reduction etc.
Now that each one of us breathing hot and cold about july error, we better trade on that line.
Just my 2 cents.
sri
Bay area residents:
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
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permfiling
05-19 05:10 PM
I think it is the right direction. I have contributed $500 so far to IV which can be used for this cause.
lp2007
11-17 09:16 PM
Email sent! Thanks for posting the link.
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nk2006
10-05 10:01 AM
When is the next congress session? is it in Nov/Dec (the so called lame-duck session). I am wondering about chances of having some immigration measures during that session. Being a lame-duck session, do congressmen can take up a serious measure like immigration for discussion (either CIR or SKIL)? If not - is it possible to introduce some highly desirable stop-gap measures like: ability to apply for 485 during retrogession; recapturing the unused visa numbers from previous years with soft country limits (as is done a few years back); and faster backlog reduction at BEC�s. In short I am wondering about our strategy for next 4-5 months; and is there a hope - however small it maybe � hope of getting something done this year; Or our only hope is with next congress?
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
more...
calabor2001
05-02 08:59 PM
This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
sparklinks
09-18 10:17 AM
If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.
BTW - I received physical EAD cards with two year validity in mail on 9/11
Thanks Neha, I took Infopass Appt. today and she send an email to TSC, in the mean time I will contact MA congressmen, Thanks ...
BTW - I received physical EAD cards with two year validity in mail on 9/11
Thanks Neha, I took Infopass Appt. today and she send an email to TSC, in the mean time I will contact MA congressmen, Thanks ...
more...
meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
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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
more...
sam2006
07-20 10:36 AM
Can some one tell how to cancel 20$ subscription and start 50$ subscription.
vallabhu you can do it in the Home Page and contributions link
There is an option to cancel 20$ and start 50$
thanks in advance for doin it
vallabhu you can do it in the Home Page and contributions link
There is an option to cancel 20$ and start 50$
thanks in advance for doin it
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abq_gc
08-18 03:29 PM
Abq_gc,
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
more...
rcr_bulk
09-10 12:28 PM
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
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prakgc
10-04 10:30 PM
My employer is being brought by another company although my position,salary,location of employment is just the same.
My 485 is pending.. So do i need to inform USCIS about this and does this even qualify as a AC-21 case?
My 485 is pending.. So do i need to inform USCIS about this and does this even qualify as a AC-21 case?
more...
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485Mbe4001
03-16 05:16 PM
The primary reason for the slow movement is due to the following reasons
a) change in the namecheck policy. Sometime during early 2008 USCIS changed the rule for all cases stuck in namecheck for more than 90 days. Around 215k cases (family + EB) were stuck in namecheck this caused a flood of eligible cases. (i was stuck in namecheck for almost 3 years, i know what i am talking about)
b) USCIS changed the overflow rule. earlier EB3 would get more of the unused visas, now most are consumed by EB2 I &C. since there are no additional visas available for EB3 (with no chance of getting any till EB2 is cleared) the EB3 queue has very little chance of moving rapidly. Maybe USCIS did this to drive a wedge in the community, whenever we bring this up there is a slew of red and green dots :p
recapture was the best bet for everybody, one time recapture of the 300k odd visas will reduce all wait for all categories....will it happen..probably not.
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
a) change in the namecheck policy. Sometime during early 2008 USCIS changed the rule for all cases stuck in namecheck for more than 90 days. Around 215k cases (family + EB) were stuck in namecheck this caused a flood of eligible cases. (i was stuck in namecheck for almost 3 years, i know what i am talking about)
b) USCIS changed the overflow rule. earlier EB3 would get more of the unused visas, now most are consumed by EB2 I &C. since there are no additional visas available for EB3 (with no chance of getting any till EB2 is cleared) the EB3 queue has very little chance of moving rapidly. Maybe USCIS did this to drive a wedge in the community, whenever we bring this up there is a slew of red and green dots :p
recapture was the best bet for everybody, one time recapture of the 300k odd visas will reduce all wait for all categories....will it happen..probably not.
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
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chanduy9
07-03 12:54 PM
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Shaikhtabrez
07-12 01:01 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
does this mean one cannot use wad for primary job?
does this mean one cannot use wad for primary job?
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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)
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diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
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manubilga
06-12 07:07 PM
My case file on 06/01/07 but i did not get any conformation
makemygc
07-09 03:00 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
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coolvigo, sent you a PM. Please see.
Show them we are from the Land of Gandhiji !!!
coolvigo, sent you a PM. Please see.
tikka
05-23 12:15 PM
Are you using a webfax or a fax machine?
fax machine
fax machine
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