jindhal
09-23 04:50 PM
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
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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.
johny
10-10 12:19 PM
I sent to NSC on Jul 6th. Though EAD,AP have come, No FP yet.
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Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
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JazzByTheBay
12-17 11:21 AM
Acquired Immigration-Related Extreme Depression (AIRED)
Like AIDS, it has no permanent cure for the time being.
However, like many pharmaceutical companies and research institutions involved in finding a cure for AIDS, IV is working on a project to cure retrogression (equivalent of the HIV virus that causes AIDS).
Like AIDS, there are no time lines, promises, or guarantees that a cure will be found for AIRED. However, patients report some improvements with formulations like EAD and AP. :)
jazz
Like AIDS, it has no permanent cure for the time being.
However, like many pharmaceutical companies and research institutions involved in finding a cure for AIDS, IV is working on a project to cure retrogression (equivalent of the HIV virus that causes AIDS).
Like AIDS, there are no time lines, promises, or guarantees that a cure will be found for AIRED. However, patients report some improvements with formulations like EAD and AP. :)
jazz
Ann Ruben
07-20 12:58 PM
I am honored to pledge $200
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capriol
09-12 05:06 PM
Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...[/QUOTE]
Hello: I am in the same boat with you; received 485 at TSC on July 25, 2007 but no news of checks being cashed. In that context I have a question:
Can we start a thread only for those sending 485s to the TSC say after July 17, 2007? (This is because most postings are for the NSC).
Thanks.
Hello: I am in the same boat with you; received 485 at TSC on July 25, 2007 but no news of checks being cashed. In that context I have a question:
Can we start a thread only for those sending 485s to the TSC say after July 17, 2007? (This is because most postings are for the NSC).
Thanks.
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GCNaseeb
08-30 09:37 PM
Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.
:D:D:D:D:D:D:D
Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?
:D:D:D:D:D:D:D
Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?
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chantu
08-26 06:41 PM
My wife got EAD approved on 16th Aug and I got my approved today. I do not know why 10 days of delay.
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
more...
jkays94
06-26 02:02 PM
Unfortunately no community is safe from that irrational attacks of racism!
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
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pooja_34
08-31 01:29 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
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deepak
09-10 08:12 PM
Hi,
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.
I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.
If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.
The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.
These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.
Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.
I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.
If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.
The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.
These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.
Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.
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caliducas
09-27 05:13 PM
Our EAD has been approved - self and spouse.
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sam2006
07-19 07:53 PM
Try to make the Post Sticky
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GCKaIntezar
06-11 01:30 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
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akred
05-23 03:03 AM
Ran it through spell check and fixed typos and grammar.
--------------------------
Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
--------------------------
--------------------------
Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
--------------------------
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gcgonewild
09-15 05:38 PM
I 've sent pm.. please update the google doc.
MeraNaamJoker
08-26 09:29 AM
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
EndlessWait
07-20 11:41 AM
So pls contribute.
I pledge $100.
I pledge $100.
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