sledge_hammer
07-08 11:45 AM
I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
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maine_gc
07-19 09:08 PM
I will pledge $100 for this drive
iam4u4ever
08-04 06:48 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
hi, what are the requirements of self employment ?
thanks
2011 WE i love you so much hearts.
Lasantha
02-05 01:17 PM
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
more...
minimalist
01-31 01:17 PM
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
Prashant
07-03 12:07 PM
Any modifications u guys recommend to the title of this post (Example including july 10 as the day) ??
Gandhigiri to DOS (July 10)
Gandhigiri to DOS (July 10)
more...
royus77
07-07 09:37 PM
Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
2010 i love you so much hearts.
kk_2000
08-13 04:47 PM
My wife got her receipt notice today
RD: July 2nd, ND: Aug 6th.
RD: July 2nd, ND: Aug 6th.
more...
boreal
08-31 05:03 PM
Wow - I'm already shaking in my boots .... Why dont you pm me your contact info and I'll call you and give you mine :)
hmm..awfully early to start drinking...wait atleast till late in the evening...maybe catch some live tennis and then booze. Stop writing here, please...
hmm..awfully early to start drinking...wait atleast till late in the evening...maybe catch some live tennis and then booze. Stop writing here, please...
hair hearts. i love you so much
mammoy2k
11-28 07:44 PM
I think attorneys scare us in using AC21 before I-140. If you have a good attroney she can argue and convince USCIS to approve AC21 before I-140 approval. There can be only 3 reasons of I-140 denial:
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
more...
xlr8r
07-19 09:45 PM
I pledge $200.
hot I LOVE YOU SO MUCH
sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
more...
house I Love You So Much It Hurts,
gcspace
10-16 10:07 AM
I emailed CIS Ombudsman. Not sure if its going to cause any affect.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
tattoo i love you so much hearts.
lelica32
06-06 02:17 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
I talk about I-140
UDD for use due diligence.
I talk about I-140
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pictures 2011 Box quot;I love you so
narendra_modi
02-09 11:54 PM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
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jonty_11
03-05 05:48 PM
I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
and ur 485 is pending...that is the main questions here?????
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
and ur 485 is pending...that is the main questions here?????
more...
makeup VC10007 – You mean so much to
Ahimsa
10-25 01:13 PM
... Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill...
... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
girlfriend i love you so much hearts.
sankap
07-10 12:45 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
hairstyles I love you so much.
gcwait2007
08-18 02:44 PM
Mine is a labor substitution case. Labor PD: 02/2007. I-140 filed on 06/29/2007 in NSC and received the case number and also notice of action (I-797). If it is not a labor substitution case, then it would have been filed in TSC.
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
Dipika
06-13 10:04 AM
did you google it?
i couldn't find any recent successful story from google.
canada landing and returned on AP on FEB 08
http://www.immigrationportal.com/showthread.php?t=74167&page=40
My landing experience
--------------------------------------------------------------------------------
Patagonia
------------
Hi,
About a month back, i had gone to land at Vancouver though my actual destination was elsewhere. I flew into Vancouver and was directed to the immigration formalities area. I had taken the amount required as Cashier's checks.
It went pretty smoothly. The person in charge took the address in Canada where the PR card was to be sent. When landing, watch out the question how long you plan to be there? That was it !!!
While returning, I came back using AP documents. That was also smooth.
Thanks for other people's experiences. It was helpful.
i couldn't find any recent successful story from google.
canada landing and returned on AP on FEB 08
http://www.immigrationportal.com/showthread.php?t=74167&page=40
My landing experience
--------------------------------------------------------------------------------
Patagonia
------------
Hi,
About a month back, i had gone to land at Vancouver though my actual destination was elsewhere. I flew into Vancouver and was directed to the immigration formalities area. I had taken the amount required as Cashier's checks.
It went pretty smoothly. The person in charge took the address in Canada where the PR card was to be sent. When landing, watch out the question how long you plan to be there? That was it !!!
While returning, I came back using AP documents. That was also smooth.
Thanks for other people's experiences. It was helpful.
USofA
08-26 01:43 PM
Usually how long it takes to get a response to SR?...I have opened one at local office on 8/10 but not response to that yet.
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