simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
wallpaper Physical Map of Poland in
MeraNaamJoker
08-21 11:02 AM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
seahawks
09-24 06:40 PM
I am intrigued by the spirited discussions we have between different categories. Most of the discussions revolves around what is best for "me" which is justified to some extent. Why don't we take a step back and ask this question, what is it that all of our trying to achieve. If the intent is to make sure I get my green card before the other person can, we shouldn't be even thinking about working together and call ourselves a community. We are just wasting our time having discussions and trying to compete among each other. No one initiative will gather steam if that becomes our intent and goal.
In my mind, we have to think of every one of us as one. Yes, there should be classifications, yes there should be qualifications, years of experience, all that in place. However I believe everyone in this community is "qualified" enough to get a green card in a "reasonable" amount of time.
Can we all work together and make that happen? Can we as a group start believing this and supporting IV?
I BELIEVE WE CAN!
In my mind, we have to think of every one of us as one. Yes, there should be classifications, yes there should be qualifications, years of experience, all that in place. However I believe everyone in this community is "qualified" enough to get a green card in a "reasonable" amount of time.
Can we all work together and make that happen? Can we as a group start believing this and supporting IV?
I BELIEVE WE CAN!
2011 My new map shows nationalities
NNReddy
03-08 02:22 PM
There are lot of people whodo investments,have kids and buy houses and everything else when they are on H1.
I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
Instead of crying, take some action
I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
Instead of crying, take some action
more...
nogreen4decade
08-25 12:08 PM
I never had a soft LUD on my 485 because of EAD renewal.... But one time I saw it, but my lawyers filed AC21 around the same time.... So I would think it was because of AC21.... So I was always under the impression that EAD renewal has no LUD's on 485, based on my experience
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
bekugc
04-16 01:05 PM
endlesswait;
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
there is a definite procedure, we follow it with appropriate paperwork and itll get done.
only thing is after ur date becomes current. YOU may have to WAKE up the application by using lotta phone calls/infopass/congressman etc.
a colleague of mine got this done last year. his case was like this. its eb2 to eb2...but
i think it wud be similar to eb3-eb2
OLD eb2 labor applied - dec 2002
eb2 perm labor approved - july 2005
140/485 for perm labor filed - sept 2005
140 perm approved nov 2005
old eb2 labor backlog approved - dec 2006
140 for old labor approved - jan 2007 ( premium pr)
succesfully Ported the PD from old to new - feb 2007 ***lawyer charged him 1200 bucks for this effort; i have his details, if u need it***
then he spent a month or so running around to infopass, ph calls, congresman etc ...in an effort to Wake up the appln.. its like telling, "hey guys, i ported date to old date, so now my PD is current, im right now elig for 485 approval, can u pls do it???"...
in april, he got appproval for 485, no RFE, card arrived direct in mail.
thx
more...
vinabath
03-25 04:35 PM
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
2010 Map from the campaign in
desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
snathan
02-11 11:35 PM
Sent $54 to cover some paypal expenses
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
Thanks a lot...Its now $1675
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
Thanks a lot...Its now $1675
hair Map of Poland
BharatPremi
11-08 01:00 PM
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
more...
gckalafda
03-25 04:30 PM
I have postponed my finger prints when I was in India back in Oct 2007, and I haven't got yet, should I ask them send it again or should I wait untill they send it to me.
I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.
Is that true?
Guru's Please reply if you have any Idea.
I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.
Is that true?
Guru's Please reply if you have any Idea.
hot map of poland, version 2
LongWait2005
07-19 08:05 PM
It is really worthy contribution that one could make towards a great cause.....
more...
house Map of Poland
voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
tattoo Print this Map of Poland
maverick_joe
05-02 10:49 AM
:D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...
Who did not even know about IV till Apr 2007 are talking here.
Who did not even know about IV till Apr 2007 are talking here.
more...
pictures Map of autonomous communities
mps
08-26 11:35 AM
I know one of my friend, his H1 extension was denied through a consulting company (basically Bodyshopper). Reason given was - "consulting not allowed on H1".
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
dresses of German maps of Poland
GCStatus
09-17 02:23 PM
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Cant talk logic to you buddy. No time right now. Have fun.
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Cant talk logic to you buddy. No time right now. Have fun.
more...
makeup Map of Poland presents
ups
08-26 02:02 PM
We got welcome as new PR mail then Approval notice mail. Yesterday we got physical cards and welcome notice.
Is anything remained?
Is anything remained?
girlfriend Here is a map of Europe
maag
06-06 04:23 PM
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Thanks!
fundo...did you land, how did it go?
Thanks!
fundo...did you land, how did it go?
hairstyles Map of Poland Bamp;W Marked.jpg
Zeb
07-25 01:47 PM
so were u able to do landing? if yes, then how u did?
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
cjain
11-01 02:43 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
abhisam
07-10 02:49 AM
nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...
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