grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
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doshhar
07-04 01:26 PM
Illegal non-immigrants did the rally to local USCIS offices. It would be good if we pick one day in 2nd week of July and have a rally to local USCIS offices. This will immediately catch the media attention.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
omved
08-31 06:23 PM
Guys !! Enough of this multidirectional Indians...Should we start the thread for September Approval..Could someone please...
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HarshJ
12-13 03:20 PM
Hi,
After almost 40 days of filing, here is an email I got....nothing of substance :mad:
We have requested an appointment be scheduled for you to complete biometrics. A notice will be sent when a time becomes available.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must also notify the Department of Homeland Security within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). If you have moved, please complete a Form AR-11 and mail it to the address shown on that form. If you do not have this form, you can download it from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. If you move, please call us with your new address information as soon as your move is complete. If you have already called us and given us this information, you do not need to call again.
After almost 40 days of filing, here is an email I got....nothing of substance :mad:
We have requested an appointment be scheduled for you to complete biometrics. A notice will be sent when a time becomes available.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must also notify the Department of Homeland Security within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). If you have moved, please complete a Form AR-11 and mail it to the address shown on that form. If you do not have this form, you can download it from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. If you move, please call us with your new address information as soon as your move is complete. If you have already called us and given us this information, you do not need to call again.
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looivy
09-19 07:57 PM
Instead of predicting and estimating why don't all of us do some calling for HR 5822.
Naveen
05-04 09:03 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
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PavanV
02-01 12:28 PM
I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
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rskanth
07-05 10:55 AM
Do we send the flowers individually or collectively? I am in either way.
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sam2006
07-20 10:53 AM
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
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rpuja
08-11 10:15 PM
I know this not right place to ask this question . Please can anybody tell me how add a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
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chi_shark
07-10 12:01 PM
same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc... again: what is your true point? why do you suspect that this is difficult?
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
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ita
11-01 04:17 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
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sbabunle
06-26 02:54 PM
Its pathetic people are calling each other racists. Guys
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
we have an uphill task in front of us. The only chance
of winning is that stay together and work together.
There are 200000 members for NumberUSA.com. How much
are we? Meagre 5000. And we are calling names ourselves it
wont go too far.
Please remember every single day the citizens of USA
are turning against immigration more and more. It would be
really difficult to get the things we need from the law makers.
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desi3933
07-10 03:37 PM
....
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?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
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?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
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mike_2000_la
06-07 06:26 PM
not sure how reliable this info is, take it with a fist full of salt...
on june first nse received abt 740 I485 applications.
on june first nse received abt 740 I485 applications.
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sankap
07-10 02:55 PM
Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
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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.
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siddhu98
08-14 11:57 AM
EB2-I
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
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axp817
07-28 02:36 PM
I-765 received: July 22 2008
Soft LUD: July 27 2008
Soft LUD: July 27 2008
CADude
03-25 05:50 PM
You are an optimistic guy. keep it up. I used to be same once upon a time. Not Any More... :D
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
EB3 India, PD: July 2001
Per IO, case not assigned to AO. Will take approx 90 days to assign to AO.
You will get it this Calendar Year. Trust me.
pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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