senk1s
07-22 11:47 AM
did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
These are approx conversations :)
Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport
Mine was same employer
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
These are approx conversations :)
Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport
Mine was same employer
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alias
08-18 01:12 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
arunsush
05-07 10:03 AM
That is correct. It does vary from lender to lender. I got 100% from my lender. 1st loan 80% 2nd 20%.
This varies widely from lender to lender.
I was able to get approved for 100% financing for an investment property (which is even harder to get financing for). I decided not to buy it later though.
Always try different kinds of lenders. Big banks, small banks, credit unions. Also try mortgage brokers. Sooner or later you'll make a hit.
This varies widely from lender to lender.
I was able to get approved for 100% financing for an investment property (which is even harder to get financing for). I decided not to buy it later though.
Always try different kinds of lenders. Big banks, small banks, credit unions. Also try mortgage brokers. Sooner or later you'll make a hit.
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zoooom
07-19 06:49 PM
In ^^^
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knnmbd
05-03 03:53 PM
Thanks bkarnik,
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
ragz4u
05-02 10:45 AM
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
more...
ddanait
02-17 01:06 AM
Hi
When I click on donate, its shows me only paypal option and when I select $50 option it takes me to paypal website with the following message
If you were making a purchase or sending money, we recommend that you check both your PayPal account and your email for a transaction confirmation after 30 minutes.
If you came to this page from another website, please return to that site (don't use your browser's Back button) and restart your activity.
If you came from PayPal's website, click the PayPal logo in the upper-left corner to return to our home page and restart your activity. You might have to log in again.
I have attempted the above atleast half a dozen times. :(
When I click on donate, its shows me only paypal option and when I select $50 option it takes me to paypal website with the following message
If you were making a purchase or sending money, we recommend that you check both your PayPal account and your email for a transaction confirmation after 30 minutes.
If you came to this page from another website, please return to that site (don't use your browser's Back button) and restart your activity.
If you came from PayPal's website, click the PayPal logo in the upper-left corner to return to our home page and restart your activity. You might have to log in again.
I have attempted the above atleast half a dozen times. :(
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kshitijnt
05-09 07:15 PM
Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
more...
spicy_guy
08-09 10:25 AM
I agree with you 100%.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Lawyers would always suggest you to port to EB2, even in case EB3 I is going to be current tomorrow. Simple truth, they need money! So don't listen to lawyers on THIS!
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Lawyers would always suggest you to port to EB2, even in case EB3 I is going to be current tomorrow. Simple truth, they need money! So don't listen to lawyers on THIS!
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walking_dude
10-09 10:21 AM
People are so 'adjusted' to standing in the queue, they want to make the queue permanent for themselves, as well as others. Reminds me of a story where a gentleman asked for a boon from God to turn him 'blind in one eye' so that his neighbor, who asked God that he be given twice the first one asked, will be blind in both eyes!
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
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reddymjm
06-09 05:29 AM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
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jonty_11
07-28 12:07 PM
It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
more...
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PlainSpeak
02-23 08:57 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
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dtekkedil
07-10 05:09 PM
Good Job and Congratulations everyone!!!
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akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
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neverbefore
08-25 12:37 PM
Folks
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
more...
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amitjoey
05-23 04:31 PM
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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sammyb
11-21 10:58 AM
Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...
diptam
06-22 04:46 PM
Its good that would mentioned clearly that 485 even can get DENIED without employer letter.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
nk2006
10-05 10:01 AM
When is the next congress session? is it in Nov/Dec (the so called lame-duck session). I am wondering about chances of having some immigration measures during that session. Being a lame-duck session, do congressmen can take up a serious measure like immigration for discussion (either CIR or SKIL)? If not - is it possible to introduce some highly desirable stop-gap measures like: ability to apply for 485 during retrogession; recapturing the unused visa numbers from previous years with soft country limits (as is done a few years back); and faster backlog reduction at BEC�s. In short I am wondering about our strategy for next 4-5 months; and is there a hope - however small it maybe � hope of getting something done this year; Or our only hope is with next congress?
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
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