mhtanim
02-03 09:59 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
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msp1976
03-08 02:52 PM
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
sureshtreddy
02-09 11:03 PM
Contribute $50
Unique Transaction ID # 16236410Y45425302
Unique Transaction ID # 16236410Y45425302
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test101
07-08 10:36 PM
United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
still It does not mean anything ... they can reject it.
still It does not mean anything ... they can reject it.
more...
ryan
02-21 10:10 PM
http://immigrationvoice.org/forum/2301599-post1.html
Done! I just want to say, your efforts and drive, are incredibly commendable. Thanks.
Done! I just want to say, your efforts and drive, are incredibly commendable. Thanks.
sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
more...
Greatdesi
08-28 05:10 PM
Received our green cards today. Will continue to contribute to IV.
You can download the form from SSA website and fill the information for each applicant and take it to the SSA office. You can get rid of 'authorized to work with INS permit only' label of your SS card by using the same form and get a new card.
Take the forms, your PR card, old SS card. It just takes few minutes. They will take the info, shred the old cards, forms, etc. and will mail the cards to your address...Just check other thread ' Dos and Donts after GC' fo rmore info, and open a separate thread so as to not to mix up the original content of the thread...
You can download the form from SSA website and fill the information for each applicant and take it to the SSA office. You can get rid of 'authorized to work with INS permit only' label of your SS card by using the same form and get a new card.
Take the forms, your PR card, old SS card. It just takes few minutes. They will take the info, shred the old cards, forms, etc. and will mail the cards to your address...Just check other thread ' Dos and Donts after GC' fo rmore info, and open a separate thread so as to not to mix up the original content of the thread...
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vaishnavilakshmi
07-05 01:34 AM
Hi,
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
more...
sam2006
07-20 03:57 PM
I am willing to Contribute $150 for Aman.
thank you venkat
thank you venkat
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Daisy
06-08 02:57 PM
That was comforting !
more...
arnet
06-28 03:20 PM
thanks waldenpond.
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walking_dude
10-08 02:31 PM
Please donate $5000 to IV and they'll make it their top-most agenda
/sarcasm off
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
/sarcasm off
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
more...
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vkrishn
08-25 08:17 PM
Did you call TSC or NSC.
Its the 1800 number you call and then escalated to Tier 2.
Its the 1800 number you call and then escalated to Tier 2.
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ash0210
03-12 09:23 PM
Yes, I am here for around 12 years with no GC and I won't mind if someone interviews me to cover my story, also will submit my story in 'tell your story' thread.Today, I have signed myself in Ohio chapter to meet like-minded souls...
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
more...
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sheela
08-01 05:02 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
if I-140 is approved at Texas.
Has anyone have any idea?
My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?
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bhobama
05-10 10:07 PM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
more...
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dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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vij
06-09 02:44 PM
Hi
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did you directly sent to TSC or NSC forwarded it to TSC
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did you directly sent to TSC or NSC forwarded it to TSC
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abq_gc
08-18 01:16 PM
I think we have a provable point as per the USCIS CSR msg "We approve all cases based on the order they are received". So basically it says Approval based on ND. Approving Oct'07 NDs and not approving (not even touching) Jul-Sep NDs makes a valid point.
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
ndbhatt
11-17 04:04 PM
Done. Also, sent message to my 10 friends. Hope for a viral effect.
mirage
03-09 02:38 PM
Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..
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