kannan
02-03 07:49 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.
wallpaper 10- Life and Death of a Star
knnmbd
05-04 02:37 PM
Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
NKR
04-24 01:31 PM
Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.
MR. Obviously
Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.
MR. Obviously
Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.
2011 PEACEFUL LIFE, VIOLENT DEATH
cnachu2
03-04 10:10 AM
I sent check for $45 on last friday.
Thank you for everything.
Chandra.
Thank you for everything.
Chandra.
more...
Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
more...
bobbydalal
07-20 05:04 PM
guys can i say something instead of showing our true colors we all should join force and for one common reason that is getting our green cards done.I have been here for last 13 years and am still awaiting my green card as my eb2 application got denied as my employer showed loss in the year opf filling my petition and then i became lazy and didnt file in eb3 category but now finally i amd awaiting the pd so lets all get together and get greened.
2010 of Life and Death arrives
sina
08-01 01:45 PM
Renewal application for EAD filed on July 30th for self and spouse. Checks have been cashed and got receipt number from the back of the checks.
Let's see when it get's approved.
Let's see when it get's approved.
more...
SunnySurya
08-18 01:51 PM
Now again any volunteers for the letter we have been talking about?
hair the life and death of
a2006
05-02 11:31 AM
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
more...
unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
hot GD Star Rating
AreWeThereYet
08-26 01:56 PM
Waiting...
The month is nearing its end.
Now major set of approval will happen only on Next month, which again starts with a long weekend.
The month is nearing its end.
Now major set of approval will happen only on Next month, which again starts with a long weekend.
more...
house This image captures the star
dingudi
01-06 03:03 PM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
tattoo Life and Death of General
alias
08-18 01:12 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
more...
pictures indeed life from death
kshitijnt
05-10 06:34 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
dresses power over life and death,
avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
more...
makeup Life amp; Death 2: The Brain DOS
bindoke
08-25 12:38 PM
take your 485 and 140 receipts.
girlfriend Episode 10: Life and Death of
shsk
08-01 03:06 PM
Applied for EAD on June 08 2008
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
hairstyles Part 10 - Life and Death of a
amslonewolf
05-01 03:16 PM
This could have a huge impact.. I posted this on the donor forum as well.
sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
Can454545
05-10 08:13 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
No comments:
Post a Comment