franklin
06-17 09:33 PM
I am waiting ..
ditto
ditto
wallpaper Happy birthday, Horse!
dvb123
05-02 11:48 AM
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
2011 stock vector : happy birthday
chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
more...
sanz
04-16 12:58 PM
nice work digging old threads
EB3_SEP04
08-13 10:20 AM
I just received the email this morning.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
more...
CHHAYA
06-07 10:46 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.
2010 Happy Birthday Cakes
NKR
08-18 07:58 AM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
What is your RD?. I think they are going by RD but I am not sure.
my RD is 10th Oct, ,my PD is May 2004.
more...
solaris27
10-08 06:47 PM
only PD can solve problem
hair Happy Birthday Horse
Lisap
08-30 04:56 PM
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
more...
looivy
11-18 11:29 AM
Done
hot Happy Birthday, Teddy Bear
bobby
07-09 11:56 AM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
Posted on Bender's Immigration Bulletin http://www.bibdaily.com/
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
Posted on Bender's Immigration Bulletin http://www.bibdaily.com/
more...
house Happy Birthday, lionessking
designflaw
09-14 01:24 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
tattoo Happy birthday Arete,
heathere3
09-04 10:05 AM
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
more...
pictures Happy Birthday Pack Horse!! at
newbie2020
05-05 06:22 AM
Just because i gave my predictions which were not favorable to the person, Someone gave me a red.:mad: Guys take it sportively, We are just doing a prediction games, If someone predicts dates which is favorable or unfavorable doesn't mean USCIS / State dept will use the same dates, They will use what is on their minds.
By the way the guy gave me comment EB3 india will be June 2002 funny
Here are my predictions
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
By the way the guy gave me comment EB3 india will be June 2002 funny
Here are my predictions
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
dresses Happy Birthday Rachel!
chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
more...
makeup Happy Birthday Horse Whisperer
vdlrao
09-10 12:50 PM
How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.
The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.
Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.
The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.
Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.
girlfriend Happy Birthday Horse Deluxe
bmoni
04-30 07:18 PM
I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
hairstyles Horse Shaped Mylar Balloon
texcan
09-25 09:28 PM
All,
Today my attorney received all 6 receipts.
Case filed (485): NE (140 approved from TSC)
Filed date: Jul 25, Received jul 26
LUD on approved 140 - aug 5 & aug 12
Receipt date Sept 17th for 485, 131, 765
Online status: EAD -card production ordered on Sept 24th.
Good luck to everyone. Looks like TSC is moving.
let me know if someone has any questions.
Today my attorney received all 6 receipts.
Case filed (485): NE (140 approved from TSC)
Filed date: Jul 25, Received jul 26
LUD on approved 140 - aug 5 & aug 12
Receipt date Sept 17th for 485, 131, 765
Online status: EAD -card production ordered on Sept 24th.
Good luck to everyone. Looks like TSC is moving.
let me know if someone has any questions.
ashatara78
05-01 03:21 PM
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
acpani
08-28 12:02 PM
I sent my 485 to NSC on JUL 2nd, my 140 approved TSC, no receipts . Does any body got receipts who applied on JUL nd...?
