quiquincho
03-06 06:02 PM
Country Cap for employment based GCs is discrimination by National Origin. It must be removed. This kind of practice would be illegal if practiced by any corporate entity. So it might be illegal even for USCIS to have a country cap for employment based visas. We might want to think about having some lawyers check into this and maybe sue USCIS so that they remove this discriminatory rule. This one small change in rule could make a huge difference to Indian community, more than any other legislative changes. Skilled workers from different countries come to USA because they all want to work in USA, not because they come from a certain country. USA should have only one queue for this reason. Having separate queues for each country is downright racist and discrimination by national origin.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
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unitednations
08-26 03:42 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
godspeed
02-10 04:00 PM
Hi,
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
2011 Xbox 360 Updates Allow USB
Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
more...
PDOCT05
10-05 09:35 AM
Friends...looks like TSC is doing July 2nd filed cases..lot of july 2nd filers got receipts...let's hope for our turn in the next week. Please update if any of july 3rd applicant get's RN?
needhelp!
02-26 06:29 PM
Thank You abqguy.
more...
english_august
07-11 12:17 AM
A simple and easy way to spread this news would be to email the news coverage links to every one possible.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
2010 Simpsons-themed Xbox 360
alisa
12-11 07:43 PM
If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
more...
dudes2006
11-17 03:59 PM
Done Thanks ! Also email couple of my friends.
hair HowStuffWorks quot;How Xbox 360
psgupta9
05-23 04:39 PM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
Guys,
The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
The Section 419(D): which talks about AC21 for renewal is really important.
This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.
This should not be allowed.
more...
ak_manu
06-09 11:40 AM
Hi,
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
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gxr
09-14 01:08 PM
Filed on 07/02. (NSC)
Received on 07/03
Checks still not cashed.
Called USCIS. Got receipt # 09/14 (LINxxxxxxx)
Received on 07/03
Checks still not cashed.
Called USCIS. Got receipt # 09/14 (LINxxxxxxx)
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house Xbox 360 Controller Finds
ArunAntonio
07-06 05:26 PM
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
tattoo This time, it is Xbox 360
sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
more...
pictures Gadget Rumor: New Xbox 360 In
sumansk
05-23 11:10 PM
Guys,
Just finished sending the emails.It was very simple and the email from LogicLife was good one...
Used the autofill option and it was really very easy to do that...
Wish good luck and successful efforts to all.....
Just finished sending the emails.It was very simple and the email from LogicLife was good one...
Used the autofill option and it was really very easy to do that...
Wish good luck and successful efforts to all.....
dresses Xbox 360 Vs PS3
cnag
02-25 11:35 AM
Over the past 4 years, I have contributed to IV several times. I was also a monthly subscriber of $20 for over a year until my credit card expired and the payments stopped.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
more...
makeup The Xbox 360
coloniel60
06-11 01:17 PM
When I asked my employer to send me an employment letter so that I can file my I-485 application on my own, my employer insisisted that I mail him all the I-485 documents and a check for $2500 on his name and that he will add the employment letter and mail the application to USCIS.
Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:
Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:
girlfriend Xbox 360 FAQs
thomachan72
11-17 03:54 PM
Sent. Thanks!!
hairstyles XBox 360 or PS3?
Hello_Hello
02-08 04:17 PM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
inskrish
08-14 12:08 AM
I filed concurrently for I140 and AOS by sending in the application packet today. My lawyer suggested that even though the USCIS receives the packet tomorrow but are not able to receipt it before the 17th they can reject the it. I am a little confused about his advice, can anyone please provide a clue and sooth my nerves? It would be a tremendous obligation.
Hi Prince_waiting,
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
Hi Prince_waiting,
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
neelu
05-23 01:03 PM
Called Senator Leahy's office. The lady asked me to leave a message to the senator on the answering machine.
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