santb1975
12-18 11:37 PM
This is hilarious. :D
...to your linguistic skills, dear lady (assuming so from the alias... :) )
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
...to your linguistic skills, dear lady (assuming so from the alias... :) )
You had me looking for the word geralizing in a dictionary... :)
Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)
Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )
And those feeling depressed.. perhaps the weather may have something to do with it... ?
cheers!
jazz
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pappu
11-21 12:20 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Very sorry to hear this. Please get in touch with a lawyer and discuss if you could expedite your GC application due to health conditiion. Get good treatment. IV physicians group has several top best in class doctors and they can try to find how they can help you. You need to get the best care. Do not give up. Send us your contact details. Each IV member is precious to us and we will help.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Very sorry to hear this. Please get in touch with a lawyer and discuss if you could expedite your GC application due to health conditiion. Get good treatment. IV physicians group has several top best in class doctors and they can try to find how they can help you. You need to get the best care. Do not give up. Send us your contact details. Each IV member is precious to us and we will help.
cagedcactus
08-19 07:37 AM
I'm ready to join in the law suit....
Count me in too.... 10 years of slavery is enough for me....
Count me in too.... 10 years of slavery is enough for me....
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SunnySurya
08-18 01:23 PM
NO LAWSUIT DISCUSSIONS PLEASE
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
more...
mhtanim
05-20 02:23 PM
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
You can file for renewal beginning 120 days before your EAD/AP expires.
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
You can file for renewal beginning 120 days before your EAD/AP expires.
desi3933
08-25 11:29 AM
Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship".
Oh really!! How did you come to that conclusion? Could you be kind enough to show me any of my post that remotely suggests that? BTW, I joined this forum 18 months ago and I became US citizen last week.
>> I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker.
Incorrect.
>>But I strongly suggest that you should get a life!!!
Thanks for your suggestion.
Have a good day!
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship".
Oh really!! How did you come to that conclusion? Could you be kind enough to show me any of my post that remotely suggests that? BTW, I joined this forum 18 months ago and I became US citizen last week.
>> I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker.
Incorrect.
>>But I strongly suggest that you should get a life!!!
Thanks for your suggestion.
Have a good day!
more...
simple1
05-01 03:55 PM
FOIA may be. Btw can you add a poll to this thread to see forum support?
Done, added poll.
Done, added poll.
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samrat_bhargava_vihari
06-11 05:28 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
In that case people with PD 2002 2003 whould have not got EAD's or renewals.. it won't affect the people who filed.
Once you file 485 ,PD will stop only getting you GC.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
In that case people with PD 2002 2003 whould have not got EAD's or renewals.. it won't affect the people who filed.
Once you file 485 ,PD will stop only getting you GC.
more...
MightyIndian
04-25 05:49 PM
Finally received my FP notice today after 7 months. FP appointment on 5/12.
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simple1
05-01 02:35 PM
This is my understanding. Please take time to read INA, I485 application and current VB.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
more...
marty
05-30 10:39 AM
Thanks Marty.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
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tonyHK12
02-21 01:27 PM
Donated $50 via paypal)
thanks updated total above.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
thanks updated total above.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
more...
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anzerraja
07-20 10:57 AM
Yes, looks like they don't want to do it sticky. What a bunch of modest people. Glad to have such a leadership.
Let us all do our part to keep this thread on the top always.
I dont think the admin will make this sticky or put permanently on the home page.
All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.
^^^^^^^
Let us all do our part to keep this thread on the top always.
I dont think the admin will make this sticky or put permanently on the home page.
All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.
^^^^^^^
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hindu_king
03-06 05:11 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
more...
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calgirl
07-21 07:39 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
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psk79
08-19 10:53 PM
I140-TSC approved.
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
more...
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immihelp2
12-15 10:15 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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Madhuri
02-17 07:59 PM
Keep it going guys and gals!
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desi_scorpion
08-02 10:30 AM
Hi, which number did yyou call?
kumar1
01-30 04:15 PM
You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.
Show me the information on official web site and I will shut up.
I suggest, go ahead and let me know which point you think is not correct.
I have been in this country and dealt with immigration issues for more than 10 years now. Please feel free to look at my old post, and let me know if you find anything incorrect/wrong in any past posts.
I am a US citizen now and I post details to help my would be-immigrant friends.
Show me the information on official web site and I will shut up.
I suggest, go ahead and let me know which point you think is not correct.
I have been in this country and dealt with immigration issues for more than 10 years now. Please feel free to look at my old post, and let me know if you find anything incorrect/wrong in any past posts.
I am a US citizen now and I post details to help my would be-immigrant friends.
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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