trueguy
07-28 12:47 PM
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
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mnkaushik
08-30 12:14 PM
apporval from tsc or nsc??
nsc
nsc
coolcat
06-15 07:59 PM
Mailed to NSC on: May 31st.
Mailed From State: AZ
Received at NSC on: June 1st
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?:confused:
Notice date :?
Mailed From State: AZ
Received at NSC on: June 1st
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?:confused:
Notice date :?
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pappu
12-10 01:48 PM
Guys,
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
pls email the url of the site you mentioned above
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
pls email the url of the site you mentioned above
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gk_2000
02-09 08:47 PM
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snthampi
02-03 11:27 AM
[QUOTE=snthampi;2311346]
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
Good one! You are right. It might take them 10 years to understand the system and then 10 years to implement it. By then many of us will be retired.
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
Good one! You are right. It might take them 10 years to understand the system and then 10 years to implement it. By then many of us will be retired.
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Prashant
07-07 11:24 PM
ONLY TEAM EFFORT CAN BRING US JUSTICE..
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
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sankap
07-10 01:04 AM
[QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
more...
gova123
08-13 09:37 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
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thepaew
12-17 01:31 PM
Like many others on these forums, I have given up significant opportunities because I believed mistakenly that the GC mess would be cleared up in 2-3 years. Sometimes that does lead to extreme frustration - My wife often jokes that when I do actually receive my GC, I will have lost a very convenient excuse that the lack of one is holding me back. :-)
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
more...
tonyHK12
02-17 11:17 AM
local chapters....I have been part to two chapters but not seeing any communication happening around..
Some of them have got dormant. I did put this up on NY/Tristate, we have about 3 members attending so far. I've even sent out request for contributions.
Some of them have got dormant. I did put this up on NY/Tristate, we have about 3 members attending so far. I've even sent out request for contributions.
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waitforevergc
05-09 09:35 PM
Kshitij,
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
Excellent letter. Thanks for sending it.
I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.
Others..please let us all write letters, if more people write, someone will take notice.
Thanks.
more...
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newu77
08-17 04:52 PM
Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?
I am still waiting...NO checks cashed yet...
I am still waiting...NO checks cashed yet...
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danu2007
05-07 09:44 PM
Please write a letter to CIS Ombudsman and they will open a case with USCIS to follow up and it will have results. I have done it once and I got the response from USCIS faster.
You can find more details here
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
You can find more details here
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
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ksircar
05-23 07:31 PM
Web fax sent.
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akambh01
12-03 05:11 PM
I am sorry to hear your situation.You will Survive Mehul. dont loose the hope. I strongly believe this time for some reason my sixth sense is telling me that you will survive...please dont loose the hope please
Thanks
Ajay
Thanks
Ajay
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dixie
12-11 04:27 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
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ram04
04-20 05:48 PM
It is normal practice with all companys to do that with every change.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
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tonyHK12
02-24 04:40 PM
thanks oliTwist, skc526, corba, waitforusagc. We are @ 18.35 %.
Total Contributions...........$9,175.00
Amount to be raised........$40,825.00
.
.
Total Contributions...........$9,175.00
Amount to be raised........$40,825.00
.
.
abhijitp
11-21 05:38 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
jaihind
04-24 12:39 PM
Folks
Is there any link to contribute to help his family ??
Let me know please.
Bala
Is there any link to contribute to help his family ??
Let me know please.
Bala
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