drirshad
04-07 09:35 PM
STRIVE and u will win ..........
Or at least you will have ur SKILLs ......
Khan
------
Something worst always happen when much good is about to happen .........
Or at least you will have ur SKILLs ......
Khan
------
Something worst always happen when much good is about to happen .........
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jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
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.
..............
.
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desi3933
06-27 03:08 PM
Minimum of 6 Months..
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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gcpool
10-03 09:29 AM
PD 2002 Sept EB2
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
gauravster
11-17 05:53 PM
Done..
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desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
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eb3_nepa
05-02 12:04 PM
Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
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reddymjm
02-17 12:29 PM
you just completed your payment.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
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reddymjm
06-08 06:48 PM
How did you get this information so fast? Did you call them?
you can see the LIN# on the back of the check. i gave my own checks for the fees.
you can see the LIN# on the back of the check. i gave my own checks for the fees.
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gc4sk
06-27 11:52 AM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
This is not a legal advice just a suggestion
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ronhira
09-26 01:21 PM
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
i'm as much high skilled as u'r...... perhaps u did not notice that we are in the same category..... on which u'r hanging on.....
this guy is correct.....
All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up.
this explains y porting pd is a silly concept to you.....
i'm in eb2 & my application is pending..... i don't think porting pd is silly just becoz a few others in eb2 think it is silly..... perhaps i know how to use my brain to form my own opinion rather than subscribing to the majority opinion of the category in which i applied for gc..... porting pd makes sense..... & it will not change..... till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
i'm as much high skilled as u'r...... perhaps u did not notice that we are in the same category..... on which u'r hanging on.....
this guy is correct.....
All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up.
this explains y porting pd is a silly concept to you.....
i'm in eb2 & my application is pending..... i don't think porting pd is silly just becoz a few others in eb2 think it is silly..... perhaps i know how to use my brain to form my own opinion rather than subscribing to the majority opinion of the category in which i applied for gc..... porting pd makes sense..... & it will not change..... till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....
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diptam
07-02 09:35 AM
If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
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JazzByTheBay
12-17 05:12 PM
This may be the *best advice*, imo.
Most "youngsters" (makes me feel really old now.. doesn't it.. ) visiting the U.S. for business/work/education seem to have no plans of residing in this country permanently. Most I've talked to in the past year or two are keen on returning home, or somewhere else.
Particularly true in case of India, imo.
jazz
Like many others on these forums, I have given up significant opportunities because I believed mistakenly that the GC mess would be cleared up in 2-3 years. Sometimes that does lead to extreme frustration - My wife often jokes that when I do actually receive my GC, I will have lost a very convenient excuse that the lack of one is holding me back. :-)
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
Most "youngsters" (makes me feel really old now.. doesn't it.. ) visiting the U.S. for business/work/education seem to have no plans of residing in this country permanently. Most I've talked to in the past year or two are keen on returning home, or somewhere else.
Particularly true in case of India, imo.
jazz
Like many others on these forums, I have given up significant opportunities because I believed mistakenly that the GC mess would be cleared up in 2-3 years. Sometimes that does lead to extreme frustration - My wife often jokes that when I do actually receive my GC, I will have lost a very convenient excuse that the lack of one is holding me back. :-)
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
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Saralayar
08-24 05:34 PM
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
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neswar
07-04 07:27 PM
Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.
So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".
So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".
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desi3933
06-23 10:49 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
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blacktongue
11-18 01:39 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
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rcr_bulk
09-10 10:32 AM
I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..
gxtrader
09-13 01:05 AM
Kudos to late july filers who got good news. Mine was received by F.Heinauer on July 30 11:23 am at NSC.......nothing yet.
eyeopeners05@yahoo.com
05-28 10:13 AM
Hi all,
If i takeup candian pr and discontinue my h1b, can i enter usa using the canadian pr for visit purposes if i ever wanted to ?
I have a home here and may need to visit once in a while.
Thanks
If i takeup candian pr and discontinue my h1b, can i enter usa using the canadian pr for visit purposes if i ever wanted to ?
I have a home here and may need to visit once in a while.
Thanks
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