royus77
08-01 01:47 PM
I 140 from TSC and I 1485 received at NSC on july 2 8:00 AM
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ckichannagari
11-17 05:31 PM
Done... Sent it.
eastindia
09-27 12:50 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
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StuckInTheMuck
11-06 01:52 PM
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
I am July 2 filer (@TSC), still waiting for FP notice. Got I-485 receipt (ND Aug 27), and approved EAD and AP. Did not call for SR yet.
more...
phillyag
08-25 06:38 AM
The Last updated date for my I -485 application is showing as 8/24/2010 now.
What does that mean ?
What does that mean ?
InTheMoment
08-01 08:35 PM
Since it reached before July 30 it can reach anywhere !
Though I would say pray for TSC !
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
Though I would say pray for TSC !
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
more...
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?
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jeffrey930
10-02 01:24 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
more...
bmoni
05-02 12:43 AM
Hey,
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....
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BharatPremi
09-19 07:14 PM
Any solid prediction on EB-3 I
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
By August 2009 buletin, EB3-I will settle between 2005 Jan-May.
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
By August 2009 buletin, EB3-I will settle between 2005 Jan-May.
more...
TheOmbudsman
06-26 04:11 PM
That's the entire reason for my participation in this forum. However, every time that we suggest a separate bill for whatever benefit to address our issues only, we have been told that it can't be done.
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
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rajeshalex
08-04 02:07 PM
congrats in advance. U are going to get gc soon.
more...
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mnkaushik
09-25 11:29 AM
I applied on July 23rd to NSC and today my lawyer sent me an email with scanned copy of all the receipts and they are from CSC.
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srikondoji
07-08 11:24 AM
Well said.
Such intricate details won't come out in interviews or even personally talking to them. Only lawyers can do it as part of a fight with lawsuits.
1)Why they have to make everybody current?
2)Why they were working weekends (actually heard that govt employees working during weekends is illegal) to clear 60,000 visa numbers?
3) Why did they pick july 2nd to revise the bulletin and did not pre-warn potential applicants?
4)Why no one from DOS or USCIS is talking about exceptions and or remedies for those july applicants who wasted thousands in 2 weeks?
5) What was that urge, which compelled DOS to make everybody current?
6) What will happen to those applicantions reached early morning on july 2nd before revised bulletin became public or those who mailed on june 29/30 for July 2nd delivery?
7) Why did USCIS clear so many applicants by-passing security checks and clearances?
8) Why was there a mad rush in the last 2 weeks of june when in reality visa numbers would go waste on sept end?
9) Why USCIS always talks about under staffed when they are in a possition to clear 60,000 applicantions in a matter of days?
Any more?
--sri
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
Such intricate details won't come out in interviews or even personally talking to them. Only lawyers can do it as part of a fight with lawsuits.
1)Why they have to make everybody current?
2)Why they were working weekends (actually heard that govt employees working during weekends is illegal) to clear 60,000 visa numbers?
3) Why did they pick july 2nd to revise the bulletin and did not pre-warn potential applicants?
4)Why no one from DOS or USCIS is talking about exceptions and or remedies for those july applicants who wasted thousands in 2 weeks?
5) What was that urge, which compelled DOS to make everybody current?
6) What will happen to those applicantions reached early morning on july 2nd before revised bulletin became public or those who mailed on june 29/30 for July 2nd delivery?
7) Why did USCIS clear so many applicants by-passing security checks and clearances?
8) Why was there a mad rush in the last 2 weeks of june when in reality visa numbers would go waste on sept end?
9) Why USCIS always talks about under staffed when they are in a possition to clear 60,000 applicantions in a matter of days?
Any more?
--sri
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
more...
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sachinsc
07-20 11:58 AM
I pledge $200.
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madhuvj
09-16 05:50 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
more...
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bharol
08-21 03:23 PM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
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newbie2020
05-02 11:37 AM
Here are my predictions
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
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desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
bingl
08-20 02:50 PM
Approved today !
Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
Infopass on 10th Aug - was told case is pre adjudicated
Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
Today got email - Card production ordered.
Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
Infopass on 10th Aug - was told case is pre adjudicated
Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
Today got email - Card production ordered.
ThanksIV
12-08 04:22 PM
Sorry to hear your situration, but don't lose hope, miracle will happen to good people.
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