kg318
04-22 05:37 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
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apahilaj
03-18 11:18 AM
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
TheOmbudsman
10-25 04:32 PM
I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
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prem_goel
08-26 05:19 PM
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Does anyone know?
Does anyone know?
more...
morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
mike_2000_la
06-15 06:48 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
more...
HumHongeKamiyab
12-16 05:42 PM
One more AC21 question -
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
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va_il
05-04 08:50 AM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
more...
HarshJ
11-05 03:23 PM
Well she suggested that she had scheduled the FP appointment and said that I should be getting my FP notices in 30 days.
I am hoping that its the truth !!
I am hoping that its the truth !!
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desi3933
06-28 09:39 AM
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
more...
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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paskal
07-08 10:32 PM
They actually accepted my application on July 1st. I do not know the fate of the application.
Label/Receipt Number: XXXXXXXXX
Status: Delivered
Your item was delivered at 10:10 PM on July 1, 2007 in LINCOLN, NE 68501.
how in the world did you get a sunday night delivery?
you have a great case...numbers were available on July 1.
the retrospectively shut down all of July.
Label/Receipt Number: XXXXXXXXX
Status: Delivered
Your item was delivered at 10:10 PM on July 1, 2007 in LINCOLN, NE 68501.
how in the world did you get a sunday night delivery?
you have a great case...numbers were available on July 1.
the retrospectively shut down all of July.
more...
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rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
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pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
more...
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Alabaman
05-04 03:53 PM
Please whats all these arguments about? MS from the states, BS + 10 years experience etc. Please we don't need all these. There are people that come to the states and dont even pay a dime in tuition instead they even get paid - in the form of research assistanships and scholarships.
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
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josecuervo
08-11 10:55 PM
Just got an email that EAD card production ordered
more...
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man-woman-and-gc
09-15 11:36 AM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.
Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.
Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.
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lazycis
11-30 09:03 PM
My prayers are with you, man. Do not lose hope and fight for your life! You condition fits a reason for expedite processing. Fax expedited request to the service center where your I-485s are pending. Attach supporting documents. Call the USCIS customer service, they will tell you all the details, including fax number for this.
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rayoflight
05-19 05:02 PM
Thanks so much for your quick reply and the phone number with the options. What does R.no stand for?
jsb
09-11 03:23 PM
Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.
pvpb
10-01 10:08 AM
My friend filed on July 2nd to NSc..she called the level 2 support and they said that her information is still nto in the system and that they are busy with lot of applications and asked her not to worry...
I applied on August 2nd and still nothing....
Donno how long we need to wait for?
Venkat
I applied on August 2nd and still nothing....
Donno how long we need to wait for?
Venkat
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