vaishnavilakshmi
11-22 04:05 AM
Mehul,
Sorry to know about ur health issue.As some one in forum mentioned,u could approach the best doctor first and get your treatment done.Greencards etc are secondary when there could be a better way to survive.
we pray for u and ur family,
wish u all the best,
vaishu
Sorry to know about ur health issue.As some one in forum mentioned,u could approach the best doctor first and get your treatment done.Greencards etc are secondary when there could be a better way to survive.
we pray for u and ur family,
wish u all the best,
vaishu
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sk2006
09-03 01:58 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
singhsa3
11-21 10:06 AM
It is really sad to hear that. I am no expert by any means but assuming that you are still a young family (say in mid thirties), I would suggest that unless your family is financially secure and have other family members here in the USA to lean on, I will suggest to at least consider the option of going back, irrespective of what the outcome of you green card process may be.
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gc_on_demand
05-01 10:41 AM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.
This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.
People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.
This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.
People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..
more...
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)
royus77
07-06 06:45 PM
Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory
more...
sen_raju
07-11 11:02 PM
http://thevoice.name/?p=2351
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Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
more...
Caliber
05-01 08:55 AM
thanks akred for refering INA. I went through it now
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.
But this is a good point to note when our Lobbyists discuss with USCIS.
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.
But this is a good point to note when our Lobbyists discuss with USCIS.
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Rohan99
10-09 12:58 PM
I am still waiting?
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
more...
delhiguy
07-04 08:08 PM
No use in getting exploited, Its you life , resign and get another job.
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
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gk_2000
07-19 07:44 PM
It is indeed ugly and disgusting that anyone who talks of doing good to EB3 ends up getting reds. IV should remember that EB3 members outnumber EB2's by a vast margin and they deserve to get justice too
And it is not as if EB3's are less qualified. Most are as much or more qualified and experienced than EB2's. It is just an accident they are in EB3, as companies put them there when there was no difference in USCIS policy between the two
If I continue to see the treatment meted out to EB3's in these forums I would take the decision to quit IV..
And it is not as if EB3's are less qualified. Most are as much or more qualified and experienced than EB2's. It is just an accident they are in EB3, as companies put them there when there was no difference in USCIS policy between the two
If I continue to see the treatment meted out to EB3's in these forums I would take the decision to quit IV..
more...
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gauravster
11-17 05:53 PM
Done..
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simple1
05-01 09:38 AM
caliber,
I belive It is not 10-15 years.
actually, even after correctly following the law, in case of EB3, families may get it earlier.
VB date for 2A (family quota) is 08OCT04
VB date for EB3 is now un available.
In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.
gurus, correct me if required.
I belive It is not 10-15 years.
actually, even after correctly following the law, in case of EB3, families may get it earlier.
VB date for 2A (family quota) is 08OCT04
VB date for EB3 is now un available.
In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.
gurus, correct me if required.
more...
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hazishak
07-11 11:52 AM
Check this out
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
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abhijitp
11-21 05:38 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
more...
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ssss
03-26 03:21 PM
I am not sure if I can get GC in 2011
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SunnySurya
08-18 01:47 PM
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
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SivaMayam
08-14 09:02 AM
Dear Friends,
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
arunsarun
06-22 12:23 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
Its our fate
apahilaj
12-16 06:48 PM
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
What are you guys thinking as next step?
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