intheyan
08-26 12:55 AM
I saw my friends received thier physical green card just in 1 and half weeks from the day of the Card production ordered status change.
How long did it take for you to get the physical cards after 'card production..' mail?
How long did it take for you to get the physical cards after 'card production..' mail?
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gc_dega_gandhigiri
06-08 07:57 PM
Guys,
Can I apply for Canada PR while on EAD? If yes, can someone guide me further. Would appreciate any help. Can I apply on my own or I need a agent?
Thanks.
Can I apply for Canada PR while on EAD? If yes, can someone guide me further. Would appreciate any help. Can I apply on my own or I need a agent?
Thanks.
tonyHK12
02-11 10:05 AM
...by donating $100! Now, its your turn...
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
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sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
more...
chapper
08-13 05:20 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
icedgin
02-04 11:31 PM
A relative has invited me to be an immigrant to Manitoba. But currently we are derivative beneficiaries of my wife's EB3 visa and she is already in the US for 1 1/2 years as a lawful permanent resident.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
more...
jindhal
09-24 10:34 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
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asethura
08-23 12:53 PM
Hi Greatdesi,
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
more...
Jimi_Hendrix
12-13 11:54 AM
I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Yes let us get back on track. Core members please respond with comments about interim relief in January.
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Yes let us get back on track. Core members please respond with comments about interim relief in January.
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Hopeful1
11-17 05:18 PM
It was easy to do!
more...
asdcrajnet
02-01 04:45 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
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gujju
08-20 09:20 PM
No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
more...
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needhelp!
02-26 01:56 PM
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
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dingudi
11-05 03:22 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
more...
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cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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vinabath
04-25 11:42 AM
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
more...
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Raju
07-20 08:31 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
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looivy
09-14 02:26 AM
Immi_Seeker,
I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.
Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.
SoP
I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.
I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.
Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.
SoP
I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.
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andycool
08-25 06:41 AM
The Last updated date for my I -485 application is showing as 8/24/2010 now.
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
sledge_hammer
02-12 12:33 PM
I never claimed I'm going to refrain from going ballistic with words when insults are hurled at me! Maintaining high moral standards and bad language usage doesn't always have to be mutually exclusive. Your logic is waaaayyyyyy flawed if you think they are, my friend!
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
kalyan
09-10 05:04 AM
Guys,
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
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