asdcrajnet
07-02 09:52 AM
Same here..But I am little lucky.My PD is May 2003.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
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man-woman-and-gc
09-15 03:46 PM
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
Zee
07-11 07:52 PM
USCIS has removed the flower related press release from their website. :D
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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...
alias
08-18 01:12 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
ksrk
05-13 03:56 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
more...
tonyHK12
02-22 05:58 PM
Transaction ID: 0HV49363NW0956225
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
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buddyinsd
08-27 12:38 PM
Another case I can remember is andycool on this forum
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
more...
solaris27
08-13 08:24 AM
1) Contacted Senator/Congressman/Governor - No reply or progress
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
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jindhal
09-23 04:46 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
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desi3933
07-09 12:24 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
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Tito_ortiz
03-08 04:04 PM
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
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diptam
09-29 11:46 PM
Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
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cygent
02-14 05:25 PM
Your transaction ID for this payment is: 37X0990761241871V.
Thanks everyone!
Thanks everyone!
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gcbikari
04-24 11:44 AM
Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
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pappu
07-02 09:44 AM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
Those lawyers and HR people.....
Those lawyers and HR people.....
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walking_dude
10-08 02:48 PM
Please donate $5000 to IV and they'll make it their top-most agenda
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
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cr52401
06-09 07:11 PM
My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.
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amitjoey
07-05 01:57 PM
i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Chris Rock
09-23 08:35 PM
EB3 India guys realized that this is the only path to GC nirvana!
So our(EB3I) mantra now is "Port, baby, Port".:D
So our(EB3I) mantra now is "Port, baby, Port".:D
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