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...
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sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Macaca
07-08 09:49 PM
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
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krishnam70
07-10 02:13 PM
Tracking Number: 1Z 019 A1A P2 0391 334 9
Type: Package
Status: Delivered
Delivered On: 07/10/2007 11:38 A.M.
Signed By: KANE
Location: RECEIVER
Delivered To: WASHINGTON, DC, US
Shipped/Billed On: 07/09/2007
Service: GROUND
Weight: 3.00 Lbs
Type: Package
Status: Delivered
Delivered On: 07/10/2007 11:38 A.M.
Signed By: KANE
Location: RECEIVER
Delivered To: WASHINGTON, DC, US
Shipped/Billed On: 07/09/2007
Service: GROUND
Weight: 3.00 Lbs
more...
delhirocks
07-21 02:42 PM
Prior EAD expiring: 09/02/08
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
mita
09-17 12:35 PM
Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!Did any body received the card or case status changed to Card production ordered apart from GCEB2?
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
more...
gcpool
10-03 06:01 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?
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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.
more...
geevikram
07-20 01:32 PM
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Fixing the language so that folks do not take it personally.
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
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jsquare
09-15 11:27 AM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
more...
shankar_thanu
03-25 04:20 PM
Mani_r1,
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
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mygoodluck
08-14 11:57 AM
^bump^
any updates where last date stands for NSC to TSC transfer cases?
any updates where last date stands for NSC to TSC transfer cases?
more...
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RSM1444
02-10 07:07 PM
Donated $100
Your transaction ID for this payment is: 0L503528GU222744P.
Your transaction ID for this payment is: 0L503528GU222744P.
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beppenyc
10-06 11:28 AM
Dems get house and rep hold the senate (with a slim difference)
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
more...
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ashishgour
02-09 04:01 PM
Another $50 from me...Go IV..
Paypal Details :
Amount: $50.00 USD
Transaction Date: Feb. 9, 2009
Transaction ID: 2AC49278S4623223J
Paypal Details :
Amount: $50.00 USD
Transaction Date: Feb. 9, 2009
Transaction ID: 2AC49278S4623223J
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TheOmbudsman
10-25 09:13 PM
One more dreamer.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
more...
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Lasantha
02-07 12:20 PM
Based on my limited knowledge, and what I have read in this forum, it would seem it's always beter to maintain your H1B non-immigrant status as long as possible. That was why I said that.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
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VivekAhuja
09-17 01:42 PM
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
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nc14
09-10 07:09 PM
rahulp,
What has been your contribution so far (not just monetary but otherwise?). Why don't you lead an effort and be the one which shows some leadership so that we all EB3's can follow you?
I guess you have an EAD and AP but instead of going into the details of what role IV played to get us to that stage you can just spit BS over here.
I am sure you have read Pappu's post a few times, next time just see what his category is.
Thanks but no thanks for your 2 cents, which are worthless because that is all you have to offer.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
What has been your contribution so far (not just monetary but otherwise?). Why don't you lead an effort and be the one which shows some leadership so that we all EB3's can follow you?
I guess you have an EAD and AP but instead of going into the details of what role IV played to get us to that stage you can just spit BS over here.
I am sure you have read Pappu's post a few times, next time just see what his category is.
Thanks but no thanks for your 2 cents, which are worthless because that is all you have to offer.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
franklin
06-08 02:10 AM
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates
You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05
ROW China India Mexico Philippines
3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05
How can you file your I485 now?
Am i the only one not up to date?
Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates
You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05
ROW China India Mexico Philippines
3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05
skd
05-29 07:29 PM
sent the emails to senator/s
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