cjain
11-02 11:18 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
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kshitijnt
05-10 06:34 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
sankap
07-10 04:58 PM
@chanduv23:
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
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GCStatus
09-16 05:41 PM
This is the first time I think, it is worth to contribute.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
This is what we like to hear !. Please send your name, e-mail and ph# to man-woman-and-gc who maintains details for us.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
This is what we like to hear !. Please send your name, e-mail and ph# to man-woman-and-gc who maintains details for us.
more...
PDOCT05
10-08 10:39 AM
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
psaxena
02-25 04:21 PM
Pappu,
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
more...
dvb123
05-01 01:00 PM
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
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anju
12-19 02:29 PM
On the same boat. Filed SR twice. No fp notice yet.
more...
vinabath
04-23 09:39 AM
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
nice post by 'kshitijnt'.
Anyways will try ur way and see how it goes.
nice post by 'kshitijnt'.
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hx82
02-14 10:10 AM
Contributed $100 Transaction ID 5GU631577V1426207.
more...
manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
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pa_arora
06-22 05:16 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
more...
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madhu345
05-06 06:55 AM
I'm depressed not for retrogression(Which we know where its coming from) but because of uncertainty weather every day hitting us :)
-Madhu
-Madhu
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sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
more...
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tonyHK12
02-09 08:56 PM
You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
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conchshell
07-11 11:30 AM
Guys thanks for your appriciation on my recent blog "Power Behind A Flower". Please note that the reason behind this writing is to help our movement and encourage people to fight against injustice. Now the question is what's next??
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
more...
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amitkhare77
09-08 11:18 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
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BharatPremi
03-26 09:15 AM
Just curious
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
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indianindian2006
08-25 04:50 PM
I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.
Did you call TSC or NSC.
Did you call TSC or NSC.
Mount Soche
01-14 09:21 PM
I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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