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Until 180 days: If I-140 is denied or withdrawn, no GC.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Until 180 days: If I-140 is denied or withdrawn, no GC.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.
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PavanV
09-09 08:16 PM
Boss,
Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
bhobama
05-10 09:08 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
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rajuseattle
09-24 07:32 PM
Guys,
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
more...
txh1b
08-26 01:26 PM
Was your Employer (GC Sponsoring) in any kind of trouble in past?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
desi3933
06-28 11:37 AM
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
more...
decastod
09-17 07:02 PM
Hello All,
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
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dtekkedil
07-03 02:26 PM
Please send following message :
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
more...
pappu
11-17 03:13 PM
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
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delhiguy
07-08 05:54 PM
No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
more...
nsrinivas
09-12 03:04 PM
No not sure who recieved it as my Lawyer has sent the packages on behalf of me and she has the delivery confirmation.
But I feel your's should be coming out soon too as your dates are same as mine.
Good Luck !
But I feel your's should be coming out soon too as your dates are same as mine.
Good Luck !
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WantGreen
08-31 01:48 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
oh come on...Can't you see what a racist you are? I cannot believe someone can even think like this!!!!!!!!!!!
SO SICK.....
oh come on...Can't you see what a racist you are? I cannot believe someone can even think like this!!!!!!!!!!!
SO SICK.....
more...
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GCStatus
09-17 02:30 PM
As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
It is illigal for an employee to pay for the GC process.
I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?
I am utterly confused here.
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
It is illigal for an employee to pay for the GC process.
I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?
I am utterly confused here.
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
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alias
08-18 01:17 PM
This issue cannot be solved through Lawsuit. What are the other alternatives?
Ahh I see, I have an idea - lets all do dharna in front of CIS!
Ahh I see, I have an idea - lets all do dharna in front of CIS!
more...
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CADude
08-02 01:30 PM
Thanks Andy for confirmation.
Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
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rustum
09-24 08:31 PM
HI,
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
more...
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supreet
07-09 02:54 PM
Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
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nefrateedi
08-01 06:52 PM
My I140 was approved at California center and my 485 is sent to Nebraska on june 22. Is that a problem?
You are fine. The direct filing update is only as of July 30.
You are fine. The direct filing update is only as of July 30.
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voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
PBECVictim
08-13 02:53 PM
Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
GCStatus
09-15 01:20 PM
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Will let you know once we accumulate details. For now, please provide your name,ph# and e-mail to man-woman-gc
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Will let you know once we accumulate details. For now, please provide your name,ph# and e-mail to man-woman-gc
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