GIDOC
07-13 10:56 PM
In my opinion the USCIS and DOS will not get the August bulletin out in time. They have to figure out what to do with the July Fiasco first. They probably will delay this till they fix the July Fiasco.
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arunmohan
02-10 02:05 PM
I just want to know why people think like that. Whoever I talk to thinks that after getting EAD everything is good and greencard is not that important. Is that true.
Let us discuss pros and cons of EAD.
Hello ganguteli:
There is a big difference in EAD and GC. EAD is always temporary in nature. You will be always dependend on USCIS . Many companies do not entertain v.s GC EAD e.g. State Government(s), defence companies and etc..
You cannot use EAD to return back to this country, you have to use AP.
A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR.
Let us discuss pros and cons of EAD.
Hello ganguteli:
There is a big difference in EAD and GC. EAD is always temporary in nature. You will be always dependend on USCIS . Many companies do not entertain v.s GC EAD e.g. State Government(s), defence companies and etc..
You cannot use EAD to return back to this country, you have to use AP.
A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR.
eb3_nepa
03-16 04:48 PM
I found the EAD v/s H1B article quite informative, articulate and really eye-opening. I dont see any issues with posting links to other immigration sites, PROVIDED those links are not simply marketing links and DO actually provide good immigration-related info. Some of the stuff he has written makes a lot of sense and Ron is not taking the same stance everyone else takes where they advise people to stay on H1B status to keep milking them for attorney fees.
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gondalguru
07-16 03:50 PM
Whoever opened this post about retrogression, close this stupid post.
Previous months everyone was discussing on how the dates should move, how to avoid retrogress.
Now when the dates have moved, now some idiots are speculating on when and how the dates should retrogress.
Guys get a life, focus on the core element here, the element is to relieve ourselves and others from backlog. Read all these posts, what are we you all focusing on when dates will Retrogress
What you get in life is what you attract and think. Think positive and positivity will come to you, if you keep questioning it, then you can join the long line of suckers and whiners.
Close this damn post and all the people who have to give their 2 smart cents on retrogress, call among each other or open something of your own.
All these messages which you are posting will just break our spirit. Administrator, please close these posts.
Relax. Take it easy. What makes you so angry. People are just expressing their views.
Previous months everyone was discussing on how the dates should move, how to avoid retrogress.
Now when the dates have moved, now some idiots are speculating on when and how the dates should retrogress.
Guys get a life, focus on the core element here, the element is to relieve ourselves and others from backlog. Read all these posts, what are we you all focusing on when dates will Retrogress
What you get in life is what you attract and think. Think positive and positivity will come to you, if you keep questioning it, then you can join the long line of suckers and whiners.
Close this damn post and all the people who have to give their 2 smart cents on retrogress, call among each other or open something of your own.
All these messages which you are posting will just break our spirit. Administrator, please close these posts.
Relax. Take it easy. What makes you so angry. People are just expressing their views.
more...
vvincent72
04-20 04:29 PM
I agree with you ramaonline, its high time we change to a better name which reflects our view :rolleyes:
chanduv23
06-16 03:50 PM
eb3nepa & srikondoji, it is not just non Indians that not standup, there are close to quarter millions Indians in the queue who follow immigration news and who want things work but just do not want to standup. It could either be "fear" or "no care" attitude. It is true with immigrants from other countries too. Immigrants from all countries have a hidden fear, as it is not their country but a country they want to immigrate to and do not want to do anything that displeases the country. It is factual. Very few people actually have the guts to question.
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addsf345
11-05 12:25 PM
wheather you use AC21 or not, please support fight against AC21 cases getting denied.
Please send letters. For reference,
check out http://immigrationvoice.org/forum/showthread.php?t=22182
"RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.
Thank you for your support.
GCCovet
This is a good suggestion. I am in the same boat and will do this by weekend for sure.
Meanwhile, if anyone has suggestions or want to share experience with particular attorney, please help. I need to contact a good attorney by tomorrow. If anyone can share the experience, deeply appreciate your help. Thanks
Please send letters. For reference,
check out http://immigrationvoice.org/forum/showthread.php?t=22182
"RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.
Thank you for your support.
GCCovet
This is a good suggestion. I am in the same boat and will do this by weekend for sure.
Meanwhile, if anyone has suggestions or want to share experience with particular attorney, please help. I need to contact a good attorney by tomorrow. If anyone can share the experience, deeply appreciate your help. Thanks
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yourvijay
11-13 04:21 PM
Hi,
I have become a PR in year 2004. Here is my experience.
Pulled my vehicle aside well ahead of the toll gate.
(I knew if i cross that toll that means i left USA.)
Informed cop/securitythat i am leaving USA for good and need to resturn I-94 to CBP. He asked me to park near the Duty free store and showed me an entrance for CBP.
CBP offcier asked the following things.
1. Where are you going ?
A. Landing to become canadian PR.
2. Will you come back ?
A. No. I will reside in Canada.
3. Give me your passport.
A. Gave him the passport (He looked at PR Visa)
4. Note down this I-94 number. For some reason if you decide to come back in less than 30days, make sure you give this number to CBP here if you dont get USA visa stamped in the passport.
Went to the canada immigration. They stamped in the passport as
" LANDED IMMIGRANT AS OF 11/24/2004 ". Asked me to show the title of the car on my name (They verified that i dont have any loan pending on it).
Asked about goods to follow. I told them. I am not going to bring any thing, i will buy in canada. They asked for proof of funds. I showed bank letter and some certified checks. Thats it.
Every border has CBP. Their building will be facing to wards Canada as their main work is checking the incoming traffic. How ever its our responsibility that we reach them and submit I-94.
WELCOME TO CANADA. WISH YOU BEST OF LUCK.
I have become a PR in year 2004. Here is my experience.
Pulled my vehicle aside well ahead of the toll gate.
(I knew if i cross that toll that means i left USA.)
Informed cop/securitythat i am leaving USA for good and need to resturn I-94 to CBP. He asked me to park near the Duty free store and showed me an entrance for CBP.
CBP offcier asked the following things.
1. Where are you going ?
A. Landing to become canadian PR.
2. Will you come back ?
A. No. I will reside in Canada.
3. Give me your passport.
A. Gave him the passport (He looked at PR Visa)
4. Note down this I-94 number. For some reason if you decide to come back in less than 30days, make sure you give this number to CBP here if you dont get USA visa stamped in the passport.
Went to the canada immigration. They stamped in the passport as
" LANDED IMMIGRANT AS OF 11/24/2004 ". Asked me to show the title of the car on my name (They verified that i dont have any loan pending on it).
Asked about goods to follow. I told them. I am not going to bring any thing, i will buy in canada. They asked for proof of funds. I showed bank letter and some certified checks. Thats it.
Every border has CBP. Their building will be facing to wards Canada as their main work is checking the incoming traffic. How ever its our responsibility that we reach them and submit I-94.
WELCOME TO CANADA. WISH YOU BEST OF LUCK.
more...
return_to_india
09-10 06:35 PM
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Yes, the rule is to carry the original. If lost, apply for a new one. So, i preached.
I never carry it, one day one immigration officer is going to catch me and grill me.
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Yes, the rule is to carry the original. If lost, apply for a new one. So, i preached.
I never carry it, one day one immigration officer is going to catch me and grill me.
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jsb
07-23 10:56 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
more...
snathan
02-17 07:55 PM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
There is an option in turbo tax, if you didnot receive the w-2 from employer you need to submit another form. So explore that one and will give you more information.
I guess if you are submitting that form, IRS will take care of your employer issue. Otherwise just call the Trubo Tax people if you are using them.
Thank you
There is an option in turbo tax, if you didnot receive the w-2 from employer you need to submit another form. So explore that one and will give you more information.
I guess if you are submitting that form, IRS will take care of your employer issue. Otherwise just call the Trubo Tax people if you are using them.
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TexDBoy
06-17 05:43 PM
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
more...
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vagish
04-04 01:10 PM
But at least they are getting GC in 6 months. I dont mind getting paid low if it means getting GC in 6 months. Anyways half our money goes in getting h1 extensions and paying lawyers so might as well get it over with by getting paid low. It is so disheartening to know how people are abusing the law and getting GC the short cut way while our stuggle starts with getting admission to f1 to doing our masters to trying to get h1 and then GC.
I have a friend who has done his MS from a top school here and his wife is a dentist but cant work for last 5 years and here is a guy whose education is a BCom and his wife's too and both are working and have got the whole thing the easy way out. Very disheartening.
people are not abusing the law, the fact is law it self is screwed up, it does not have a rational way of distingushing geneuine pople from abusers.
hence everybody pays the price. it needs a major overhaul not just increasing numbers of H1B or GC's but lot of enforcement measures are also required to make it effective. I see people have been waiting 8 years with the same employer just for the GC, I think a wait of 4 to 5 years should be good enough to demonstrate that a guy has a permanent job, on the other hand if the wait is to short then people will by just buy the green card by paying to companies , which what we see with labor substitution.
thanks
I have a friend who has done his MS from a top school here and his wife is a dentist but cant work for last 5 years and here is a guy whose education is a BCom and his wife's too and both are working and have got the whole thing the easy way out. Very disheartening.
people are not abusing the law, the fact is law it self is screwed up, it does not have a rational way of distingushing geneuine pople from abusers.
hence everybody pays the price. it needs a major overhaul not just increasing numbers of H1B or GC's but lot of enforcement measures are also required to make it effective. I see people have been waiting 8 years with the same employer just for the GC, I think a wait of 4 to 5 years should be good enough to demonstrate that a guy has a permanent job, on the other hand if the wait is to short then people will by just buy the green card by paying to companies , which what we see with labor substitution.
thanks
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siravi
11-20 04:40 PM
Dear IV Members,
Any one interested in participating in making Movie/Documentary please let me know.
..... movie/documentary on what/subject?
Any one interested in participating in making Movie/Documentary please let me know.
..... movie/documentary on what/subject?
more...
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raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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guyfromsg
07-18 09:18 PM
Based on the response to the rallies and the funds drive there are very few contributing memebers .Shall we restict the site for a one time registartion fee .So that people wont create memberIds on the fly ?
A token amount of 20 bucks one time registartion works good
Today If I look around this is the most useful site for legal immigants. I think one time fee of 20 bucks is a very good idea.
A token amount of 20 bucks one time registartion works good
Today If I look around this is the most useful site for legal immigants. I think one time fee of 20 bucks is a very good idea.
more...
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pm1010
08-07 04:05 PM
Guys,
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
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vjkypally
02-07 11:27 AM
I just called and they told that my employer should write to Vermont Service Center.Yes, this is not falling in place with their processing dates. But i think, you should be getting your approval any time. May be, have your attorney contact Vermont center for inquiry. Or you can call the customer service directly.
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mbartosik
03-30 05:50 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
telekinesis
05-15 08:18 PM
rounds: 3 volleys each (6 total rounds)
theme: Heaven
apps: Any
image: psd exchange
image size: Determined on 1st volley
You go first. Then send me link to .psd file.
theme: Heaven
apps: Any
image: psd exchange
image size: Determined on 1st volley
You go first. Then send me link to .psd file.
singhsa3
04-27 02:22 PM
A useful resource for Interim Policy. Not sure if they are still valid.
http://www.immigration.com/newsletter1/interimeadhandling.html#comments
http://www.immigration.com/newsletter1/interimeadhandling.html#comments
