prashanthg
09-17 03:51 PM
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
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chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
GC08
07-08 02:54 PM
In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.
But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:
In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.
But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:
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i99
09-25 03:57 PM
I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
more...
dingudi
02-18 11:07 AM
I am assuming you guys saw this:
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
Apahilaj,
Yes I saw that but mine was not concurrent filing. I applied for EAD couple of months after I-485 filing and have also received the EAD.Still waiting for FP though.
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
Apahilaj,
Yes I saw that but mine was not concurrent filing. I applied for EAD couple of months after I-485 filing and have also received the EAD.Still waiting for FP though.
pappu
07-02 09:44 AM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
Those lawyers and HR people.....
Those lawyers and HR people.....
more...
paragpujara
01-06 11:55 AM
I selected following options for infopass appointment.
You need Service on a case that has already been filed -->Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
And I carried Receipts for 485,765 and 131 for myself and my wife (of course photo ID).
Hope this helps. Good Luck.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
You need Service on a case that has already been filed -->Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
And I carried Receipts for 485,765 and 131 for myself and my wife (of course photo ID).
Hope this helps. Good Luck.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
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sriteam
07-10 09:40 AM
http://www.twincities.com/business/ci_6336222
more...
485Mbe4001
10-27 02:10 PM
I agree with you on this kaka. I heard Ed Royce speak yesterday on how the house forced the fence bill without amnesty and how they plan on killing that bill. He even talked on on how they managed to force the president to have a pulblic ceremony to sign the bill instead of a small private one that the white house wanted. There is little hope that he and people like him will ever vote on anything that supports our requirements, even if the democrats win the house they will need lots of republican support to pass anything. Skill will always be linked to CIR.
Dont worry . it is not going to pass
Dont worry . it is not going to pass
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gsc999
07-06 08:27 PM
As soon as we have confirmation of date and time and location/route, I will send out newsletters to all CA, NV, AZ and OR members who wish to participate. This is going to be good.
Sure, I will join the tomorrows march organized by fightnow. Since it is short notice for many IV members there may not be many of us there, but please feel free to join if you can. There are lot of IV members in San Jose.
Tomorrow's event will help me to finalize the location/route. I will report back tomorrow evening with updates regarding that.
Sure, I will join the tomorrows march organized by fightnow. Since it is short notice for many IV members there may not be many of us there, but please feel free to join if you can. There are lot of IV members in San Jose.
Tomorrow's event will help me to finalize the location/route. I will report back tomorrow evening with updates regarding that.
more...
mbsac
10-18 12:06 PM
My Checks were cashed today :)
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gimme_GC2006
07-05 01:01 PM
There is a website which is tracking all desi employers and their leelas
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
more...
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krishnam70
07-10 02:43 PM
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
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senthil1
12-10 09:55 AM
Most of the persons pd may become current before skill comes. That may keep those persons to smile
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calgirl
07-21 07:39 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
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anandrajesh
12-10 12:14 PM
Jimi
How can I have a foot note in my posts? Thanks.
My Dear Macaca... Do the following to add a signature to ur posts... Login go to user profile... on the left hand side under Settings & options.. Edit ur signature... Type ur footnote and this will appear in all ur posts. Let me know if this is not what u r looking for.
Also make sure b4 u post something always set ur Set my signature on.
How can I have a foot note in my posts? Thanks.
My Dear Macaca... Do the following to add a signature to ur posts... Login go to user profile... on the left hand side under Settings & options.. Edit ur signature... Type ur footnote and this will appear in all ur posts. Let me know if this is not what u r looking for.
Also make sure b4 u post something always set ur Set my signature on.
more...
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smbaps
08-01 04:32 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
if I-140 is approved at Texas.
Has anyone have any idea?
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abq_gc
08-18 01:21 PM
Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess
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dan4gc
05-23 12:20 PM
California senators :
Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme
Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme
krishnam70
07-02 08:55 AM
Ship date
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
raju123
07-03 08:51 AM
I agree, it should start as soon as possible. Delay will kill the impact.
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
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