pappu
03-10 11:43 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
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PBECVictim
08-13 03:27 PM
Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
sankap
07-10 04:58 PM
@chanduv23:
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
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anzerraja
07-19 09:00 PM
Thanks !
Count me in for $100 for reimbursement.
One time contribution $100 to IV earlier in the month.
Thanks to IV core and members for all the organized effort! Did my small part by joining SJ rally and dragging along 4 others.
Count me in for $100 for reimbursement.
One time contribution $100 to IV earlier in the month.
Thanks to IV core and members for all the organized effort! Did my small part by joining SJ rally and dragging along 4 others.
more...
maag
05-30 12:12 PM
Thanks Marty for all the advice.
chanduy9
07-03 12:20 PM
Lets send the flowers and post the confirmation# here. July 10th fine for me.
PD:August 2003.
Unable to file 485 because of Lawyer and employer
PD:August 2003.
Unable to file 485 because of Lawyer and employer
more...
gc_rip
11-18 03:25 PM
Sent, and also requested friends to do so.
Thanks,
Thanks,
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jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
more...
Ramba
07-10 02:11 PM
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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sam2006
07-19 06:58 PM
count me in also ....
more...
abhisam
07-10 02:49 AM
nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...
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dixie
10-18 02:14 AM
I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
more...
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yetanotherguyinline
07-10 06:00 PM
--
Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.
I already have four volunteers need more.
I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.
Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.
I already have four volunteers need more.
I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.
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CADude
08-01 04:58 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
more...
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kondur_007
07-26 05:49 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
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nviren
05-02 08:01 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
more...
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eastindia
07-21 10:45 AM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
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reddymjm
06-12 07:18 PM
I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.
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ushkand
08-05 05:54 PM
Hi guys,
My first H1B (2003) had LUD on 14th of July...and today there is a LUD on I-140. My I-140 approved in March 2007..PD is March 2005...Is it good indication that they are doing something with my I-485 case? My application reached NSC on july 2nd (not sure about time as my lawyer sent those papers). My I-140 is from TSC.
Mine is pretty much the same situation and see a LUD of 08/05/2007 on my I-140 today. Hopefully I will see checks cashed in the next couple of days. Fingers crossed. :confused:
My first H1B (2003) had LUD on 14th of July...and today there is a LUD on I-140. My I-140 approved in March 2007..PD is March 2005...Is it good indication that they are doing something with my I-485 case? My application reached NSC on july 2nd (not sure about time as my lawyer sent those papers). My I-140 is from TSC.
Mine is pretty much the same situation and see a LUD of 08/05/2007 on my I-140 today. Hopefully I will see checks cashed in the next couple of days. Fingers crossed. :confused:
sirinme
01-24 06:01 PM
Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
reddymjm
06-12 07:49 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
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