desi3933
07-09 12:06 PM
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
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sammyb
11-21 10:58 AM
Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...
tonyHK12
02-18 06:32 PM
thanks SGP, devmaha
Total Contributions...........$6,675.00
Amount to be raised.......$43,325.00
.
.
Total Contributions...........$6,675.00
Amount to be raised.......$43,325.00
.
.
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gc_kaavaali
02-01 08:00 AM
All the best in your life. You did it man. Lot of people like to go back but only few actually go back to india.
more...
desi3933
07-13 09:06 AM
....
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
sanhari
08-09 09:12 AM
Did anyone hear anything from their local congressman or USCIS on the visa spillover usage? I am planning to send in more requests this week, let's see...
more...
StarSun
02-09 08:24 AM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
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tikka
05-23 11:32 AM
Thank you for your e-mail. It is very important to me to know the issues
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
more...
GCNaseeb
11-21 07:26 PM
Hi Mehul,
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
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bugsbunny
05-03 12:46 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
more...
jkays94
05-02 08:23 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
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abq_gc
08-18 02:36 PM
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
more...
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gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
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admin
05-06 03:55 PM
Another warning. We will not tolerate flaming wars or denigrating posts.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
more...
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pani_6
03-25 05:02 PM
:eek:??..EB3 for the last 7 year has not progresed beyond 2003 June or July..it comes forward and reverts back:mad:
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pappu
02-01 09:42 AM
IV effort needs 50 thousand dollars to make sure we can meet our immediate needs and also make a big impact via this advocacy day event. There are several large and small expenses like booking hotel conference room near Capitol hill for organizing the event/situation room, Organizing reception for lawmakers, their staffers, and administration officials to attend, creating advocacy packets for each appointment taken, advocacy firm fees for helping out with a large event like this etc. We can plan more ideas like Press briefing event, full page ads in national newspapers if we can have sufficient resources. This event will most certainly bring our issues to the national center stage and help us get much needed immigration relief in the months ahead. IV is starting this campaign ahead of time to better plan and execute our advocacy day (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html).
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
more...
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kosars
02-14 10:58 PM
contributed $ 100
Transaction ID: 71H4440142718204T
Transaction ID: 71H4440142718204T
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insbaby
09-09 06:36 PM
Everyone is expecting EB3-I will be NOV and USCIS sets it as APR-2001.
Long live USCIS.
Long live USCIS.
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psaxena
02-09 10:13 AM
Your transaction ID for this payment is: 32R78275M69540623.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
bluez25
07-08 02:12 AM
Sent...Asked couple of my friends who are not members also to send and they accepted to send the flowers...
siaa96
10-08 01:01 PM
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.
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