vdlrao
07-16 12:21 AM
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
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saketkapur
07-14 11:43 AM
PM me........
kopra
04-25 03:51 PM
Talash, what was the RFE?
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
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Siddharta
12-22 11:52 PM
Laid off 6weeks back. Attended 4 interviews. Outof luck.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
.
Aren't you worried that this unemployment might affect your I485 approval.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
.
Aren't you worried that this unemployment might affect your I485 approval.
more...
Macaca
01-25 06:12 PM
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt).
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
psgprasad
03-21 05:56 PM
Dear folks,
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
more...
pd_recapturing
10-19 01:35 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
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gotgc?
12-19 02:56 PM
Hi All,
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
more...
anandrajesh
05-24 12:32 PM
Done... Now hoping for something good to happen
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reddymjm
09-25 09:56 AM
What is the normal time frame for receiving AP papers?
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
more...
GCwaitforever
10-19 07:16 AM
If you get H1 transfer with sponsorship for GC, you can port your old PD to the new I-140 petition. Better to apply for 3-year extension now itself, if you think there will be layoffs. This gives you sufficient time to apply for perm LC/I-140.
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gc_dreamer_2010
01-27 05:36 PM
I tweeted to the ones that had twitter accounts. I will also give these guys a call and post letters.
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
more...
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coopheal
04-13 08:14 AM
Hi
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.
We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.
From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.
Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.
We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.
From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.
Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)
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saileshdude
08-28 11:43 AM
I know sir every one has right to choose whatever they want but info pass only gives you the answer which in online or when u call them its the same thing. and for your information i have filed my application on june 2nd and still not received anything...and it can cause my job....and when i tried to get info pass it does not allow me another city when i put my zip code and all the dates in the next month are taken..........
Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
more...
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vicks_don
05-24 12:29 PM
sent fax
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TomTancredo
01-10 05:21 PM
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
I think this is a clear and good example of AC21 working.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
I think this is a clear and good example of AC21 working.
more...
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sgorla
05-24 06:39 PM
I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
Go Savage......
Michael Savage is actively fighting against this bill. He is the one who initiated the collapse of the Dubai ports deal. He is confident about this I-Bomb too..
Go Savage......
Michael Savage is actively fighting against this bill. He is the one who initiated the collapse of the Dubai ports deal. He is confident about this I-Bomb too..
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a_yaja
09-10 11:24 PM
I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
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indianindian2006
01-23 04:49 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
webm
10-03 01:29 PM
Myself/spouse FP done on 09/05/07 and I-485 LUD changed twice, the day we gave fingerprint and one day after .
Just in case...
Just in case...
jackdaniels
05-30 03:50 PM
One possible reason is that Americans just don't want people smarter than them to come here and have the high paying jobs, create companies and have success on their own country.
It's OK to have a bunch of illegal immigrants to do the dirty work.
Let's think as a modern slavery. They want to be in command, to be the boss. It's their nature. And they just don't accept skilled immigrants coming here and taking the top positions from them. They want people who just take orders - from Americans.
It's OK to have a bunch of illegal immigrants to do the dirty work.
Let's think as a modern slavery. They want to be in command, to be the boss. It's their nature. And they just don't accept skilled immigrants coming here and taking the top positions from them. They want people who just take orders - from Americans.
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