Greatdesi
08-31 11:13 AM
There was and continues to be lot of discussion around multiple 485s. When USCIS is adjudicating a 485, they look at other pending 485s and cancel them. I had two 485s - 1 on EB3 and the other EB2. EB2 became current recently. They approved the EB2 one and rejected the EB3. So you can have multiple 485s.
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desi3933
07-09 09:49 PM
Supreet:
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
imh1b
02-04 03:48 PM
Why is everyone making a big deal about going to India?
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
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SDdesi
02-14 09:54 PM
Contributed $100 (6J641736D3197961L)
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nixstor
07-08 11:24 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
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satishku_2000
07-08 06:43 PM
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
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bmoni
05-01 01:08 PM
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
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dkshitij
02-10 10:55 AM
Donated $50.
Unique transaction ID: 10J10659MJ039415E
Unique transaction ID: 10J10659MJ039415E
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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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sbindval
05-23 11:54 AM
just called and sent emails to 6 senators. we must highlite EB issue when calling
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eb3_nepa
08-13 05:30 PM
:confused:
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
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bmosur
08-31 01:57 PM
PD - July 2004 Category - EB3
I-140 cleared June 2006
I-485 - send 07/27/2007
Cheqs encashed 08/31
Receipt Date - Not yet
Hope this helps. Looks like they are processing randomly
I-140 cleared June 2006
I-485 - send 07/27/2007
Cheqs encashed 08/31
Receipt Date - Not yet
Hope this helps. Looks like they are processing randomly
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alterego
11-21 05:28 PM
Mehul,
Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.
Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.
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fetch_gc
09-18 01:51 PM
My 485 pkg reached NSC at 11.14 am on July 16,2007 signed by F.Heinauer.
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
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vin13
07-16 05:58 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
How about basing it on when a person entered the country. Will that be fair for you?
How about basing it on when a person entered the country. Will that be fair for you?
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javadeveloper
09-26 01:32 PM
We can change job after 180 days after receipt Date or Notice Date??
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BondJ
09-18 08:23 AM
Paper filed EAD for me and wife on Jul21..TSC RD -Jul22..CPO on Sep17.
Good luck!
Good luck!
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unitednations
03-07 12:27 PM
I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
gcsomeday
06-27 12:47 PM
If the options are sign or do not sign and no EAD/GC for a long long time or never, I would just sign the damn thing. This contract is way too restrictive and lawyers will find lot of loopholes. Let him go to court. If he dares to, what do you lose? $10,000? He has to spend more than that, face publicity, lose reputation among clients ( send the freaking agreement to all his clients and advertise in all awebsites) and intense scrutiny by Homeland Security and possible arrest. Just somehow document all your conversations which implicate him and be prepared.
mani_r1
09-01 03:12 PM
was it tsc or nsc?
tsc
tsc
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