hopeforgcfast
08-20 10:19 AM
We finally got the CPO email for my wife and I today morning.
Had done all the follow-up like SRs, Infopass, Congressman inquiry. Not sure what worked.
After 10 years, we are finally greened. I sincerely hope for everyone who is current to be greened in time.
Some details:
EB2, priority date Oct 22, 2005
NSC
FP done only once in 2007
Had done all the follow-up like SRs, Infopass, Congressman inquiry. Not sure what worked.
After 10 years, we are finally greened. I sincerely hope for everyone who is current to be greened in time.
Some details:
EB2, priority date Oct 22, 2005
NSC
FP done only once in 2007
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GC_Optimist
10-27 10:38 AM
Congress is going to meet on Nov 13. after the elections.
desi3933
07-10 10:43 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
Page 5
Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.
.
Page 5
Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.
.
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desi3933
07-10 02:25 PM
@desi3933:
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
more...
desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
sanprabhu
07-20 10:31 AM
$100 from me.
Recurrent contribution $ 50.
Recurrent contribution $ 50.
more...
delhiguy
07-08 06:36 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
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greatzolin
08-13 01:50 PM
It seems like the deeper we are in the process of GC the more time we spend tracking and speculating on the next week or the week after.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
more...
mallikonnet
07-19 10:09 PM
count on me $100 and let me know how and when to pay
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hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
more...
guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
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Tito_ortiz
03-08 04:04 PM
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
more...
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HarshJ
12-13 03:21 PM
By "filing" in my above comment, I meant filing a SR for FP appointment. I already have my EADs and APs
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dagabaaj
07-19 11:36 PM
$100 from me.......I will try to convice some more this weekend...lets move the drive to end on Monday......my2censt....
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crystal
07-11 10:06 AM
Nice to see your post Raju .We must thank the reporter
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
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asanghi
07-05 01:35 PM
I think you have already decided to send flowers to make more impact change the message from "Get well soon" which I don't think anybody is going to get, send something "You have screwed my life, I hope you have a good day".
more...
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pooja_34
08-31 11:46 AM
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
Received CPO email 31Aug10:)
Received CPO email 31Aug10:)
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eb3_nepa
05-02 11:33 AM
Ragz thanks for removing the unnecessary quotes :)
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hiUS
09-17 10:33 AM
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...
unitednations
08-26 03:42 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
desi3933
07-08 01:20 PM
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
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