dtekkedil
07-03 12:11 PM
Wouldn't hurt!
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
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immigrationvoice1
03-26 10:23 AM
Any comment from anyone?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
akkakarla
10-08 04:51 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!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
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!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
2011 via Charlie Sheen. Winning
dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
more...
bijualex29
09-11 11:50 AM
I got my receipt No filed at NSC on 9th July and trasfered to WAC for receipting.
snathan
04-22 05:42 PM
Hi Admin,
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
more...
praveenat11
01-07 11:18 AM
Hi guys,
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).
2010 -Winning!
desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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shantak
05-25 07:25 PM
Sent the email to 10+ 2 senators as mentioned
Thanks
Thanks
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avi_ny
09-04 03:39 PM
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
more...
chanduy9
07-03 12:50 PM
Order # FNM1314828
Guys do it..lets try our best.
Thanks,
Chandra.
Guys do it..lets try our best.
Thanks,
Chandra.
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neelu
05-23 01:23 PM
Sorry Guys........wrongly posted my 'called senators' in this thread.
Thanks Amit.
Thanks Amit.
more...
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glus
05-23 12:01 PM
This is awesome, glus. Thanks again for putting these fax numbers together.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
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CADude
08-27 06:55 PM
Please read all the posts!! you will find your answer. in short, yes few lucky one..
Anyone who sent 485 application to NSC, 140 approved from NSC, got their receipts from TSC?
Anyone who sent 485 application to NSC, 140 approved from NSC, got their receipts from TSC?
more...
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gimmeacard
09-09 08:58 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
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life99f
07-08 09:14 PM
Give me a link to DC thread...
Thanks
Can you post this on DC thread..
We have so far 46...
Thanks
Can you post this on DC thread..
We have so far 46...
more...
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svgupta
05-23 11:50 AM
and hopefully, some take an action!
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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SeanDell
05-30 07:43 PM
Has anyone used AVR recently coming back from Canada?
prom2
09-08 04:43 PM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
No, I-485 and EAD have different receipt numbers and each case status is different.
Good luck !
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
No, I-485 and EAD have different receipt numbers and each case status is different.
Good luck !
pd052009
09-23 01:50 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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