psk79
08-25 07:06 AM
I guess we saw some receipts for folks with TSC I140's in the forums. Hope they will be coming iwth more this week...........
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techbuyer77
06-18 07:11 AM
who knows?
My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
I sent mine on June 1st....nothing yet.
on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows
My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
I sent mine on June 1st....nothing yet.
on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows
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wellwisher02
04-12 08:46 AM
In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this
1) do i need to surrender my PAROLE I-94 before departing USA?
2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:
Thanks.
If you wanna return to the US from Canada, you either need to have H1B visa or AP.
Your Canada Immigration Officer may ask why you want to settle in Canada and you should have a convincing explanation.
1) do i need to surrender my PAROLE I-94 before departing USA?
2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:
Thanks.
If you wanna return to the US from Canada, you either need to have H1B visa or AP.
Your Canada Immigration Officer may ask why you want to settle in Canada and you should have a convincing explanation.
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gjoe
10-08 04:24 PM
If you want to play chess you got to play it by the rules. If you think you can win the game if we can change the rules, I would say it is not impossible but a long shot.
In USA every citizen is supposed to follow the law that is the fundamental reason why this place has been attracting so many immigrants ( anybody can pursue their dreams if they follow the law). If you think govt officials are above that you are wrong, if you encourage that by accepting it, that will not make this place any better than other third world democracies. All govt officials in the USA are accountable for what they are entrusted with, if you didn't know about it until now there is something wrong with the system we are working with. I can say this with full authority on this matter because I work for the goverment.
Let us give it a little though and see if fighting to make the dept follow the law is worth while. If we think it is not, getting a GC and living here is not any better than living back home.
In USA every citizen is supposed to follow the law that is the fundamental reason why this place has been attracting so many immigrants ( anybody can pursue their dreams if they follow the law). If you think govt officials are above that you are wrong, if you encourage that by accepting it, that will not make this place any better than other third world democracies. All govt officials in the USA are accountable for what they are entrusted with, if you didn't know about it until now there is something wrong with the system we are working with. I can say this with full authority on this matter because I work for the goverment.
Let us give it a little though and see if fighting to make the dept follow the law is worth while. If we think it is not, getting a GC and living here is not any better than living back home.
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shreekarthik
10-09 12:08 AM
How about forcing FBI remove reference files from the name check? Basically put the name check process back to how it was pre-Nov. Dec. 2002 ? Here's the story of name check
In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.
If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.
In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.
If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.
desi3933
07-10 12:44 PM
.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
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desi3933
07-10 12:54 PM
@desi3933:
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.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
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.
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...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
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.
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...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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nfinity
07-05 10:59 AM
Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.
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EB3_SEP04
08-13 10:20 AM
I just received the email this morning.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
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msp1976
05-02 08:50 AM
Did anything happen on this front...??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
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beppenyc
06-21 04:18 PM
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
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knnmbd
05-04 11:41 AM
on
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
more...
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pallavan
09-24 04:53 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
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camarasa
07-09 06:06 PM
Guys and gals when you email people and talk to people of the media etc please stress "LEGAL IMMIGRATION". I've been reading a few messages of late that open with "immigration" but only start talking about legal immigration a few paragraphs later. Please stress "LEGAL" everytime you mention the word "immigration". Thanks.
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grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
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tikka
07-09 10:04 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
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gcspace
09-27 01:20 PM
I am not sure why USCIS is publishing the updates every week saying that there is progress in receipting dates.
There are so many of us just in the July 3rd to July 16th range.
I don't get it. :confused:
There are so many of us just in the July 3rd to July 16th range.
I don't get it. :confused:
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sundevil
03-06 11:21 PM
Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
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theOne
05-04 01:52 PM
I have mulled over different options in my head for a long time. Here are some things I came up with:
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
Are you sure you can open a business on H1B ?
Thank you,
theOne
--------------------
Donated ~$300 via paypal
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
Are you sure you can open a business on H1B ?
Thank you,
theOne
--------------------
Donated ~$300 via paypal
rpulipati
10-09 10:16 AM
I understand that you want to use experience before PD. However, there is no much gain and makes it more complex.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
redsox2009
11-17 04:09 PM
If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D
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