sankap
07-10 03:14 PM
I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
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simple1
05-01 03:14 PM
exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
dpp
07-28 11:51 AM
This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
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mhathi
03-26 02:25 PM
It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)
... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now..
This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now..
This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
more...
gimme Green!!
09-03 09:43 AM
we got I-140 and I-485 approval email on August 19th; Card production ordered email on August 21st; got the physical approvals and cards in the mail on August 25th - whole thing took a week.
tikka
05-23 11:24 AM
I emailed and used the "contact us" form. It asked me if I wanted a reponse and I clicked - yes.
Have not heard back from them. Has one else?
thank you
Have not heard back from them. Has one else?
thank you
more...
deepak
09-10 07:58 PM
YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
I am trying to put this as honestly as possible. And trust me, there is no sarcasm here, I am just curious, if you hate to so much, why exactly DO you read posts like these?
Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
BTW keeps your "2 cents" to yourself. I hate reading the post like these.
I am trying to put this as honestly as possible. And trust me, there is no sarcasm here, I am just curious, if you hate to so much, why exactly DO you read posts like these?
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zephyrr
12-16 09:02 PM
i'm glad someone brought this up, i'm in the same boat, came in 1998, applied in jul 2003 eb2.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
more...
desi_scorpion
08-01 02:33 PM
Am in the same boat....485 submitted to NSC on July 2nd....140 pending in TSC. I called the Nebraska Service center at 1-800-375-5283, option 1-2-2-6-2-2-1 and the agent escalated my call ...then was told that if my I-140 was in Texas then the 485 will be tranaferred there. Its taking 6-8 weeks for receipt notices. On asking if transferring will take longer...she said no....will not take longer.
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collkaverill
07-02 09:24 AM
Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
Anyone know if they accept packages on Saturday?
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
more...
chi_shark
07-10 11:28 AM
so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
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rdehar
10-09 12:02 PM
So, while we are amusing ourselves:
How about ancestoral property?
How about skymiles?
Number of children?
number of posts on IV:D
How about ancestoral property?
How about skymiles?
Number of children?
number of posts on IV:D
more...
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GCStatus
08-18 11:47 PM
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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stemcell
02-01 10:25 AM
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
more...
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abq_gc
08-18 01:23 PM
Security background should not be an issue more... It is pathetic that folks with PD 2002 are still waiting... You guys are silently sufferiing , it is time that you remain silent no more.
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
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jk333
07-08 01:18 PM
Excellent points dvsnm.
Once the date, time, and agenda are fixed, we'll hit the roads.
We can also come out with a common flier.
Adding to this:
* Each major company in the bay area must have their own internal
network/alias. They can spread the word within and pool in more support
for this.
-JK
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
Once the date, time, and agenda are fixed, we'll hit the roads.
We can also come out with a common flier.
Adding to this:
* Each major company in the bay area must have their own internal
network/alias. They can spread the word within and pool in more support
for this.
-JK
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
more...
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stucklabor
06-20 10:30 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
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akhilmahajan
04-14 09:54 AM
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
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pitha
07-05 01:53 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Hi,
I request every one who effected with the Revised JULY visa bulletin to send the flowers.
I am sure we get some media and political atten....
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks,
Chandra.
Hi,
I request every one who effected with the Revised JULY visa bulletin to send the flowers.
I am sure we get some media and political atten....
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks,
Chandra.
ThinkTwice
07-19 06:59 PM
Good job Think Twice.. you are putting your money where your mouth is. :D :D :o
I pledge $200 towards this fund.
I pledge $200 towards this fund.
yetanotherguyinline
07-10 06:00 PM
--
Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.
I already have four volunteers need more.
I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.
Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.
I already have four volunteers need more.
I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.
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