technoboy
10-13 12:17 PM
Hi there !
Just let you know guys, My checks got Cashed today.
Just let you know guys, My checks got Cashed today.
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sathishav
02-14 02:03 PM
Contributed $50. Will contribute more Apr.
(Unique Transaction ID #7VF446858B266490E)
(Unique Transaction ID #7VF446858B266490E)
gcnirvana
05-23 12:09 PM
Sent emails to 2 + 10 Senators. I will fax them in a while. Thanks logiclife for coming up with this template.
Go IV Go...
Go IV Go...
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royus77
07-08 03:08 PM
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
more...
chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
nviren
05-02 08:01 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
more...
hebbar77
09-13 09:34 PM
I agree to the point that: we pay for unemployment , SS tax etc when we ourselves are not eligible for any of that if we continue on H1, in fact we are supposed to exit this country when we loose job!!!
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
2010 Review New iPad 2 Release iPad
kk_kk
11-17 07:28 PM
done. Thanks
more...
NNReddy
03-08 02:22 PM
There are lot of people whodo investments,have kids and buy houses and everything else when they are on H1.
I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
Instead of crying, take some action
I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
Instead of crying, take some action
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h4hopeful
07-02 10:43 AM
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
more...
sukhwinderd
02-17 09:52 PM
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
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gc_chahiye
10-08 01:11 PM
Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.
I totally miss your point: why is ending retrogression bad? Because all 800K people might get the GC within 6 months? Whats wrong with that? Its not fair to those who have waited longer than others? Dont be a member of the "just because I suffered I want everyone else to suffer" That makes you no different from that talkshow host (who is now a citizen) on the radio channel recently who said he waited 10 years to get his GC, so everyone else also should, otherwise its not "fair"
Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
- ending per-country quota
- not counting dependents
- recapturing wasted visa numbers.
I totally miss your point: why is ending retrogression bad? Because all 800K people might get the GC within 6 months? Whats wrong with that? Its not fair to those who have waited longer than others? Dont be a member of the "just because I suffered I want everyone else to suffer" That makes you no different from that talkshow host (who is now a citizen) on the radio channel recently who said he waited 10 years to get his GC, so everyone else also should, otherwise its not "fair"
Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
- ending per-country quota
- not counting dependents
- recapturing wasted visa numbers.
more...
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
more...
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rkd
09-08 12:43 PM
Type EB3-I
EAD Paper Filed at TSC on 07/01/08
ND 07/08/08
Received CPO email on 09/05.
EAD Paper Filed at TSC on 07/01/08
ND 07/08/08
Received CPO email on 09/05.
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jgh_res
07-20 10:34 AM
Keep it going and bring out Aman out of this mess.
$100 from me.
Recurrent contribution $ 50.
$100 from me.
Recurrent contribution $ 50.
more...
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EndlessWait
10-08 01:57 PM
i was not able to attend the IV rally..emergency reasons..but still its fair for me to suffer..
its highly unlikely we can see a reform. I agree with logiclife's post..we deserve what we are getting into..
of the 800K applications u saw applying for AOS..even if 10K had come to DC rally it'd made a huge diff..
we all do line up for GCs like herds but dont have the guts to attend..
i know of so many ppl who say "all this rally is ridiculous".. and i dont pity them those who wait for 10 years..becoz u deserve to suffer and will continually suffer..
The rallies are important..
its highly unlikely we can see a reform. I agree with logiclife's post..we deserve what we are getting into..
of the 800K applications u saw applying for AOS..even if 10K had come to DC rally it'd made a huge diff..
we all do line up for GCs like herds but dont have the guts to attend..
i know of so many ppl who say "all this rally is ridiculous".. and i dont pity them those who wait for 10 years..becoz u deserve to suffer and will continually suffer..
The rallies are important..
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mygoodluck
08-13 05:38 PM
^bump^
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Springflower
08-30 04:37 PM
Mine & my wife's I-485/EAD/AP applications reached NSC on July 6th.
Waiting for receipt notices and checks to be cashed.
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
Waiting for receipt notices and checks to be cashed.
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
sam_hoosier
12-19 02:33 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
knnmbd
05-03 03:53 PM
Thanks bkarnik,
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
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