alisa
09-14 02:29 PM
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
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GreenMe
07-06 03:30 PM
Alright friends, so we now have a lead item on Times of India on this effort.
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
Whoever put this on TOI did a awesome job ... great work guys ... this is absolutely amazing ... Thanks to everyone ...
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
Whoever put this on TOI did a awesome job ... great work guys ... this is absolutely amazing ... Thanks to everyone ...
ArunAntonio
07-06 05:26 PM
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
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franklin
06-14 08:07 PM
Still haven't got mine yet. Attorney suggested another 2 more weeks. Doesn't sound like many (if ANY) have got their receipts yet. The only thing I've seen is that people who paid personally have seen their receipt numbers on cashed check images. This doesn't apply to those who didn't pay personally though.
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
more...
seahawks
09-23 08:13 PM
I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.
sanjayc
08-18 08:41 PM
Applied for EAD on 24 July 2008, recd today. Valid for 2 years from the date of approval. Though lost almost 2 months on the previous EAD.
Mine AOS is EB2 - PD Aug 2006
Mine AOS is EB2 - PD Aug 2006
more...
diptam
09-29 11:46 PM
Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
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justice4all
11-18 12:56 PM
Done..
Senator Tom Coburn
Senator Inhofe
Representative Cole
Senator Tom Coburn
Senator Inhofe
Representative Cole
more...
mgos
07-20 02:17 PM
Thank you Aman & all the other immigration voice members who have spent so much time, energy and resources in advocating on behalf of all of us. I have been working in the non-profit sector for the past 8 years and from experience suggest that in order for this movement/advocacy campaign to sustain it is important for us to have a system in place where core campaign members are reimbursed for their past and recurring expenses. We have contributed to IV previously and would like to pledge $200 towards Aman's expenses.
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hiUS
09-09 10:16 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
more...
gchopes
12-26 09:07 AM
I received FP notices for myself and spouse on Saturday, Dec 22 for FP at the Charlotte office on Jan 11.
- gchopes.
- gchopes.
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rahulpaper
10-03 11:43 AM
bump
more...
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senthil1
01-30 02:26 PM
Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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reddymjm
06-12 07:49 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
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pyaradesi
07-20 10:34 PM
I have my reasons to stay here which you will never understand.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
more...
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anzerraja
07-20 08:51 AM
Thanks anjs !!!!
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
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raghav0
02-16 08:16 AM
$50 - Hopefully more in the coming days. Not sure if I can make it to DC.....Thanks for effort!!
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sayonara
09-06 09:15 PM
Hi all,
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
nogreen4decade
08-31 05:43 PM
You are being promoted as a fool from being an ignorant. The promotion is just for your assumption that all Southies do coding !!!
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
hiUS
09-03 10:42 PM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
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