jayZinDC
04-02 01:04 PM
Your motivation is very simple, lets say there are 10 people in line with one service counter, the service counter processes only 10 apps at a time, but if you are an Indian in line your time taken to process is longer. Now what are the solutions? We can speed the Indians in line by opening up new counters to service them, for that we need more money (aka contributions). Now 2 people are processed in parallel . So new people can enter the line (in the past they could not until the dates got current). I hope you get the message very akin to what you would do in the semi conductor industry. I am guessing your dates are not current and hence you are unable to apply, now more people in line getting processed means dates move and you will be current, then apply get an EAD now your wife can work. Then the US starts to become like heaven.
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indigokiwi
03-10 10:36 AM
paypal transaction id 0V400865HR9069808
Thank you, dhirajs. What was the amount (so that I can add it to the total)? Thanks..
Thank you, dhirajs. What was the amount (so that I can add it to the total)? Thanks..
maximus777
09-15 01:59 PM
You cannot keep GC out of equation when GC/non-GC decides your ability to get unemployment benefits, choice of jobs and many more aspects of your life.
If you leave the country, you lose the equity on the house. I don't know when you bought
the house. In the post credit bubble period, the lender will make sure you have enough equity that they are secure and you have skin in the game.
Bought my home in early 2008 on 100% financing (yeah, they had these crazy schemes back then!) before the economy tanked. So I havent put down any money. Even the closing costs were paid by the seller. For me its not an investment, but a place to live. So I am not worried about the equity. The home isnt a McMansion and the mortgage payment is manageable. When tax savings at year end are considered, it almost puts me on par with renting.
On the other hand, I dont put GC on a pedestal. I bought my home even before I had started GC process. To me it is not a life changing event like the day I was born or my wedding day or the birth day of my kid. Its something good to have for obvious benefits, but I am not holding my breath until I get it. Once again, I reiter that factoring GC into your decisions is a personal choice, and I dont do it. I am not banking on unemployment benefits or any other govt dole. Like I said, if anything were to go wrong and I had to leave the country for good, my lender will be the one taking the hit. This might not be the case in your situation and I can understand why GC would be so important then.
If you leave the country, you lose the equity on the house. I don't know when you bought
the house. In the post credit bubble period, the lender will make sure you have enough equity that they are secure and you have skin in the game.
Bought my home in early 2008 on 100% financing (yeah, they had these crazy schemes back then!) before the economy tanked. So I havent put down any money. Even the closing costs were paid by the seller. For me its not an investment, but a place to live. So I am not worried about the equity. The home isnt a McMansion and the mortgage payment is manageable. When tax savings at year end are considered, it almost puts me on par with renting.
On the other hand, I dont put GC on a pedestal. I bought my home even before I had started GC process. To me it is not a life changing event like the day I was born or my wedding day or the birth day of my kid. Its something good to have for obvious benefits, but I am not holding my breath until I get it. Once again, I reiter that factoring GC into your decisions is a personal choice, and I dont do it. I am not banking on unemployment benefits or any other govt dole. Like I said, if anything were to go wrong and I had to leave the country for good, my lender will be the one taking the hit. This might not be the case in your situation and I can understand why GC would be so important then.
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n2b
08-15 12:18 PM
It would give some idea I think
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
more...
theOne
05-15 12:03 AM
Yes you are right. We need patience till you get your GC...I know its hard but there is no other way but swallow that pride. Its very hard to do that..speaking of which this anti-indian guy who sits next to me at work was making life horrible for few weeks. Things are sorted out now... I have a great Manager.
I really feel sorry for Neelima's family... wish I could have helped them.
Khushal,
Can you explain how you sorted the issue ? I had a similar issue once though on a lower scale. I let it simmer down without actively working the issue.
theOne
I really feel sorry for Neelima's family... wish I could have helped them.
Khushal,
Can you explain how you sorted the issue ? I had a similar issue once though on a lower scale. I let it simmer down without actively working the issue.
theOne
admin
03-28 10:09 AM
Mindblowing. Do people really believe the Oct 2007 deadline? Haven't we seen many deadlines come and go? This is extrememly unfair to those stuck at BEC; don't go around spreading this impression that the BEC issue has been resolved.
If indeed the majority at IV believe that BEC is not a problem, then it would not be a stated goal of IV. Let me repeat, so long as it is listed as a goal, it is the moral responsibility of all of to support and work towards resolving the issue.
This is important. Don't just pretend to support IV and play down what matters to others. Your must support all the goals we have at IV and not pick and choose what you like.
Also please don't repeat the false logic of "labor certs will be taken care of by PERM." If that is the case why would we at IV have BEC resolution as a goal? The least you can do it not try to dilute the seriousness of the BEC issue, even if you don't care much about the problem.
anai,
Resolving the BEC problem is definitely one of IV's main goals. There is no way I will believe in DOL's claim of clearing all the back logs by Oct 2007.
IV has had a number of discussions with lawmakers and administrative officials, first to understand the issue and next to solve it. From our discussions, it has become clear that the lawmakers still view this as a temporary problem and are not willing to legislate for getting any more into this. Never the less all of them did agree that the efficiency of the BECs left a lot to be desired. So we were working a bi-partisan coalition of lawmakers who were willing to put pressure on DOL and USCIS on the need for efficiency and transparency.
All of this was before the crazy pace with which the Comprehensive Immigration Bill began to move. We do have to realize that this bill is a golden chance to have our provisions in place and we have less than 2 weeks to works on it. Frist wants either of the Immigration Bills to be passed before Apr 7th. If we do miss out on our goals in this bill and this bill gets passed, we will not be able to revisit our issues for a long time. So right now a lot of the attention is being given to it. This does not mean that BEC is forgotten. Hope you do understand.
If indeed the majority at IV believe that BEC is not a problem, then it would not be a stated goal of IV. Let me repeat, so long as it is listed as a goal, it is the moral responsibility of all of to support and work towards resolving the issue.
This is important. Don't just pretend to support IV and play down what matters to others. Your must support all the goals we have at IV and not pick and choose what you like.
Also please don't repeat the false logic of "labor certs will be taken care of by PERM." If that is the case why would we at IV have BEC resolution as a goal? The least you can do it not try to dilute the seriousness of the BEC issue, even if you don't care much about the problem.
anai,
Resolving the BEC problem is definitely one of IV's main goals. There is no way I will believe in DOL's claim of clearing all the back logs by Oct 2007.
IV has had a number of discussions with lawmakers and administrative officials, first to understand the issue and next to solve it. From our discussions, it has become clear that the lawmakers still view this as a temporary problem and are not willing to legislate for getting any more into this. Never the less all of them did agree that the efficiency of the BECs left a lot to be desired. So we were working a bi-partisan coalition of lawmakers who were willing to put pressure on DOL and USCIS on the need for efficiency and transparency.
All of this was before the crazy pace with which the Comprehensive Immigration Bill began to move. We do have to realize that this bill is a golden chance to have our provisions in place and we have less than 2 weeks to works on it. Frist wants either of the Immigration Bills to be passed before Apr 7th. If we do miss out on our goals in this bill and this bill gets passed, we will not be able to revisit our issues for a long time. So right now a lot of the attention is being given to it. This does not mean that BEC is forgotten. Hope you do understand.
more...
kowligi
06-28 12:24 PM
This is what the last part of the text says:
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.
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jasmin45
08-25 12:24 PM
I have been thru this situation and luckly got the H1 extention on time to get it renewed the day it was suppose to expire.. I am sure this is going to be a problem for a lot of people in comming days due to mountain of applications to be processed by uscis.
more...
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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chi_shark
10-03 10:50 AM
actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
more...
chanduv23
10-03 11:50 AM
I will be in NY that Friday for a meeting. I am not sure if my flights are booked for Friday evening or Saturday. If I can I will definitely make it!:)
Wonderful - if you can make it - we will see u here :)
Wonderful - if you can make it - we will see u here :)
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anilsal
11-08 05:43 PM
to everyone from India (it does not matter which region, which religion etc). It is a festival of lights and everyone in India celebrates it.
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waitingmygc
02-11 08:17 PM
Correction : US Masters (18 years) instead of 16 years as mentioned in previous post.
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crazyAbtUS
12-16 11:13 AM
you can contribute even small amounts with paypal account ..
payments directed towards ... donations@immigrationvoice.org
Great..crystal!... I did not know about this..thanks for the info..
See really ..my ignorence on this option ( of making smaller contribution using paypal- donations@immigrationvoice.org )... is probably why some of the guys I have spoken to at work have also not contributed yet..though they all visit and adhore the IV effort..
But here is the one that turns me off everytime I visit the contribute section of the IV site.. (" Note : If you previously signed up for $20 per month recurring contributions, you don't have to do anything, they will continue as $20 per month until you choose to cancel them. Beginning 5/17/2007, we only have 2 options for recurring payments : $50 per month and $100 per month.
")
payments directed towards ... donations@immigrationvoice.org
Great..crystal!... I did not know about this..thanks for the info..
See really ..my ignorence on this option ( of making smaller contribution using paypal- donations@immigrationvoice.org )... is probably why some of the guys I have spoken to at work have also not contributed yet..though they all visit and adhore the IV effort..
But here is the one that turns me off everytime I visit the contribute section of the IV site.. (" Note : If you previously signed up for $20 per month recurring contributions, you don't have to do anything, they will continue as $20 per month until you choose to cancel them. Beginning 5/17/2007, we only have 2 options for recurring payments : $50 per month and $100 per month.
")
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bheemi
04-03 10:42 AM
HI Admin,
Thanks for letting us know that IV is working on introducing ammendments for ability to file 485 and other problems..
-Bheemi
Thanks for letting us know that IV is working on introducing ammendments for ability to file 485 and other problems..
-Bheemi
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BharatPremi
09-13 12:59 PM
When does the new fiscal year start?
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
more...
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hsingh82
10-02 12:22 PM
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
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jayz
07-02 01:24 AM
US Consulate Mumbai published it's revised interview list for July. Quite a significant number of E3 cases has been scheduled.
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vikki76
04-08 02:01 PM
Gandhi was in S Africa for how many years before he returned to India? If he hadn't been humiliated in S Africa and didn't decide to perform Satyagraha-who knows what shape our freedom movement might have taken?S Africa made Mohandas a "Gandhi"
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
kbsyed61
08-15 09:20 PM
Applied for EAD extension on July 18-2008 (expiring on Sep, 2008), less than 90 days. Today (Aug 15, 2008) received an email saying "Current Status: Card production ordered." for self and wife. No idea whether it is 1 year or 2 year extension. APs are still spending.
kumar1
04-14 09:26 PM
Bingo! I was about to say this -- Under COBRA, govt will pay 65% of the payment. I have been to this boat before and COBRA is extremely expensive (~1500 dollars a month for a family of 3).
Also, you need to talk to a lawyer! Desi companies....what can I say.... no company should terminate anyone in the 9th month of pregnancy.
Status wise both you and your husband are OK. Just make sure that both of you renew AP and EAD on time.
Good luck.
As part of stimulus plan, you need to only pay one-third of the actual COBRA payment and you can avail this benefit for upto 9 months. In case you end up using it, this is a significant saving on your health insurance.
Also, you need to talk to a lawyer! Desi companies....what can I say.... no company should terminate anyone in the 9th month of pregnancy.
Status wise both you and your husband are OK. Just make sure that both of you renew AP and EAD on time.
Good luck.
As part of stimulus plan, you need to only pay one-third of the actual COBRA payment and you can avail this benefit for upto 9 months. In case you end up using it, this is a significant saving on your health insurance.
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