desi3933
07-10 10:43 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
Page 5
Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.
.
Page 5
Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.
.
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anzerraja
07-20 12:26 AM
Thanks !!!
You are the 320 guys group. You know what i mean :)
$200 from me.
You are the 320 guys group. You know what i mean :)
$200 from me.
nkavjs
09-12 01:46 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
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desi3933
07-10 11:55 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
more...
diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
paskal
07-09 11:11 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
it only says the "status may be adjusted" IF.....
more...
dpp
07-28 07:21 AM
Even if USCIS reverts the decision back to use Vertical spill overs, it won't change the EB3-I PD position a dime. As it didn't change with that way in the past. So, there is no use in asking USCIS to change it back to Vertical from Horizontal spill over.
As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).
Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).
Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
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sunofeast_gc
07-08 08:29 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
more...
abq_gc
08-18 02:38 PM
hey NC14... why dont u come and fight for my GC then....... since ur not so worried abt yurs........ why are u even visiting these forums.. if ur not so concerned....
agreed... that we have to take up everyone's cause.. but well charity begins at home...
agreed... that we have to take up everyone's cause.. but well charity begins at home...
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snhn
09-16 09:47 PM
Does everyone receive FP notices. Couple of my co workers did not recieve them. I just applied. I have told that my name check is cleared
more...
485Mbe4001
03-16 05:16 PM
The primary reason for the slow movement is due to the following reasons
a) change in the namecheck policy. Sometime during early 2008 USCIS changed the rule for all cases stuck in namecheck for more than 90 days. Around 215k cases (family + EB) were stuck in namecheck this caused a flood of eligible cases. (i was stuck in namecheck for almost 3 years, i know what i am talking about)
b) USCIS changed the overflow rule. earlier EB3 would get more of the unused visas, now most are consumed by EB2 I &C. since there are no additional visas available for EB3 (with no chance of getting any till EB2 is cleared) the EB3 queue has very little chance of moving rapidly. Maybe USCIS did this to drive a wedge in the community, whenever we bring this up there is a slew of red and green dots :p
recapture was the best bet for everybody, one time recapture of the 300k odd visas will reduce all wait for all categories....will it happen..probably not.
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
a) change in the namecheck policy. Sometime during early 2008 USCIS changed the rule for all cases stuck in namecheck for more than 90 days. Around 215k cases (family + EB) were stuck in namecheck this caused a flood of eligible cases. (i was stuck in namecheck for almost 3 years, i know what i am talking about)
b) USCIS changed the overflow rule. earlier EB3 would get more of the unused visas, now most are consumed by EB2 I &C. since there are no additional visas available for EB3 (with no chance of getting any till EB2 is cleared) the EB3 queue has very little chance of moving rapidly. Maybe USCIS did this to drive a wedge in the community, whenever we bring this up there is a slew of red and green dots :p
recapture was the best bet for everybody, one time recapture of the 300k odd visas will reduce all wait for all categories....will it happen..probably not.
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
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jonty_11
02-05 02:39 PM
Used "Automatic Visa Revalidation Rule" for entering US from Canada
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
more...
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Jaime
06-26 10:23 AM
Well, I am a legal immigrant from Mexico, I have an MBA, my race is white (100% European as are more than 10 million Mexicans) and I do not wear a "sombrero".
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
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delhirocks
07-09 06:36 PM
We made news at USCIS! Whatever he does with the flowers is not our concern. The fact is we made the news there. Hopefully the media will pay attention too.
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
more...
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patiently_waiting
09-09 07:38 PM
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
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tabletpc
12-16 08:51 PM
Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
more...
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humdesi
12-16 06:56 PM
..Having said this, I think I am looking back to go to india after couple more years of stay...
contributions $500
Eveyone says that. Nobody actually goes back.
contributions $500
Eveyone says that. Nobody actually goes back.
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psaxena
02-25 03:42 PM
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
Business Contact Information
Customer Service URL: http://www.immigrationvoice.org
Customer Service Email: donations@immigrationvoice.org
Customer Service Phone: 850-391-4966
Amount sent:
-$20.00 USD
Fee:
$0.00 USD
Total:
-$20.00 USD
Date:
Feb. 25, 2009
Time:
12:26:48 PST
Status:
Completed
Subject:
You've got a payment from psaxena
Note:
Keep up the great effort. Donated 20$ and will keep donating more.
My all hopes are with you guys.
Shipping Address:
No Address Provided
Funding Type:
PayPal Funds
Funding Source:
$20.00 USD - PayPal Account
Immigration Voice
Email:
donations@immigrationvoice.org
Business Contact Information
Customer Service URL: http://www.immigrationvoice.org
Customer Service Email: donations@immigrationvoice.org
Customer Service Phone: 850-391-4966
Amount sent:
-$20.00 USD
Fee:
$0.00 USD
Total:
-$20.00 USD
Date:
Feb. 25, 2009
Time:
12:26:48 PST
Status:
Completed
Subject:
You've got a payment from psaxena
Note:
Keep up the great effort. Donated 20$ and will keep donating more.
My all hopes are with you guys.
Shipping Address:
No Address Provided
Funding Type:
PayPal Funds
Funding Source:
$20.00 USD - PayPal Account
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lasvegas
02-05 12:56 PM
Thanks Lasantha.
Leo07
11-21 09:42 AM
Mehul,
All the suggestions/information in these forums is from peoples personal experiences. Yours is a very unfortunate situation, please rely only on a first-hand information from an attorney.
God will help you. Have Faith.
God Bless you!
All the suggestions/information in these forums is from peoples personal experiences. Yours is a very unfortunate situation, please rely only on a first-hand information from an attorney.
God will help you. Have Faith.
God Bless you!
buddyinsd
08-25 04:38 PM
Not sure if its a BREAK or no Visa numbers...
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
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