titu1972
08-14 08:46 AM
All my checks encashed yesterday. Though my present residence is in TX and I-140 approved by NSC in 2006, still my case didn't transfered to TSC. I'm July 02 filer.
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simple1
05-01 03:14 PM
exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
ckichannagari
02-14 12:22 PM
Contributed $100 via Paypal, Transaction ID: 41371630MU244125X
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Madhuri
04-06 03:26 PM
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare.
Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.
Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare.
Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.
Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.
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kosu
06-15 12:37 PM
Package received by Nebraska SC: June/4.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
chanduv23
07-09 03:34 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
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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....
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GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
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BharatPremi
09-29 09:19 PM
Please see my signature.
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GCKaIntezar
06-11 01:30 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
more...
aka
06-18 12:23 PM
I-140 already approved, I-485 details (same for both me and my wife):
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
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sss9i
09-17 05:17 PM
PD: June 2007
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
Labor:EB2
I-140,I-485,I-765,I-131 filed: 08/01/2007
Received at NSC:08/02/2007
Receipt dated: 08/02/2007
Notice Date : 09/11/2007
Not attending DC rally due to personal reasons.I am from Phoenix.
Best of luck to all of you. We are all in this together and I'm sure We will Success.
Transaction ID: 0P237601M6361433A. I will contribute more.
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grupak
07-30 11:10 AM
As other have noticed, I also got two emails. One on July 29 other July 30 about the case.
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danu2007
07-20 11:34 AM
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vbkris77
09-24 01:53 PM
We tend to forget that we are not lawmakers :p
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
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jfredr
08-13 02:14 PM
chek the front log dates announced as of August 10th
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
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maverick_joe
05-12 12:37 PM
are they talking abt EB3 I or ROW or both here?
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
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desi3933
06-27 03:30 PM
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
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Desertfox
05-23 04:34 PM
Sent email to 2+10 senators.
gclongwaytogo
10-12 03:29 PM
Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
Macaca
12-10 11:54 AM
Hey proud emerican
Last week someone with last name Powell (looked very proud to me) from state deptt was on situation room with Wolf Blitzer. Her office was in charge of increasing the enrollment of internartional students in your contry. She had reduced the time for processing F1 visa to a week. She even went to middle east. Get her deptt closed proudly. This will improve your educational system also.
If you can not stop her, ask her to tell all students that F1 will not be converted to H1B or H1B will not be converted to green card.
This will stop the problem at the root and you can enjoy your wealth proudly.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Last week someone with last name Powell (looked very proud to me) from state deptt was on situation room with Wolf Blitzer. Her office was in charge of increasing the enrollment of internartional students in your contry. She had reduced the time for processing F1 visa to a week. She even went to middle east. Get her deptt closed proudly. This will improve your educational system also.
If you can not stop her, ask her to tell all students that F1 will not be converted to H1B or H1B will not be converted to green card.
This will stop the problem at the root and you can enjoy your wealth proudly.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
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