anilsal
12-15 10:40 AM
http://tinyurl.com/yahs66
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jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
mrajatish
05-02 11:37 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
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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..
more...
Prashant
07-07 11:24 PM
ONLY TEAM EFFORT CAN BRING US JUSTICE..
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
h1techSlave
11-17 03:50 PM
sent
more...
pappu
07-02 09:44 AM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
Those lawyers and HR people.....
Those lawyers and HR people.....
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starving_dog
06-26 12:02 PM
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
Check this out... http://www.visalaw.com/blog.html
Check this out... http://www.visalaw.com/blog.html
more...
santiwar
12-17 05:53 PM
This may be the *best advice*, imo.
Most "youngsters" (makes me feel really old now.. doesn't it.. ) visiting the U.S. for business/work/education seem to have no plans of residing in this country permanently. Most I've talked to in the past year or two are keen on returning home, or somewhere else.
Particularly true in case of India, imo.
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
Most "youngsters" (makes me feel really old now.. doesn't it.. ) visiting the U.S. for business/work/education seem to have no plans of residing in this country permanently. Most I've talked to in the past year or two are keen on returning home, or somewhere else.
Particularly true in case of India, imo.
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
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tabletpc
12-16 08:51 PM
Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
more...
nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
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immigrationvoice1
03-26 10:23 AM
Any comment from anyone?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
more...
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trueguy
07-27 07:29 PM
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
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LONGGCQUE
02-14 03:30 PM
Cant make it to the event, Here is my contribution of $50 for the event. You all are doing a great service to EB community by driving this initiative where many others would get benefitted without contributing efforts/money.
Hope people will come forward to contribute one way or the other.
Your transaction ID for this payment is: 0VB82610FG438190V
Hope people will come forward to contribute one way or the other.
Your transaction ID for this payment is: 0VB82610FG438190V
more...
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GC_Applicant
07-20 03:21 PM
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
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bheemi
06-21 02:04 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
more...
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GC_Fever
09-14 06:17 PM
Just for everyone's info, I received all my receipt notices(485,EAD,AP) today including for my wife and son. Applications were received at NSC on July 3rd and finally transferred to TSC because my I-140 was approved from there in Nov 2006. I saw a LUD on approved I-140 on 8/5/07. My checks were not cashed until 8/31 when my attorney last checked. My guess is that these were cashed around 1st week of sept.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
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reddymjm
05-05 04:56 PM
Your Id makes sense for me now. That 2020 part. :)
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bang
11-18 01:10 AM
Done !
wait4ever
08-10 11:28 AM
Same here...
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?
morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
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