I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
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contributed 100 USD via pay pal today
Instead of fighting EB3 or EB2, can we throw up this idea -
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
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all we need to do is tell congress / USCIS / president / home builders - that No GC means no immigrant will buy their bloated inventory of homes
Have you told anyone of these (congress / USCIS / president / home builders) yet?
If not then no point accusing IV as if everyone is your servant. Because you are the kind of person who want others to work hard for you while you will do nothing and only complain. You were asked by IV to lead and at least contact reporters, but you do not want to do that and keep complaining.
Why don't you lead and inspire everyone by your example first?
Have you told anyone of these (congress / USCIS / president / home builders) yet?
If not then no point accusing IV as if everyone is your servant. Because you are the kind of person who want others to work hard for you while you will do nothing and only complain. You were asked by IV to lead and at least contact reporters, but you do not want to do that and keep complaining.
Why don't you lead and inspire everyone by your example first?
Refer to the following link - OCI vs PIO Card. Detailed comparison whether you should get OCI card or PIO card for persons of Indian origin (http://www..com/nri/pio-vs-oci.html)
You can apply for the PIO card only if your child has a US passport. In the past the rules used to be different, I have a friend his first child has a OCI card, he had to settle for a PIO card for the second child. Again I would strongly suggest to you to apply in person for the PIO card if any of the consulates are in accessible distance for you, good news is that they are open on US holidays. I was able to obtain the PIO card at home within a week for my child after applying in person.
You can apply for the PIO card only if your child has a US passport. In the past the rules used to be different, I have a friend his first child has a OCI card, he had to settle for a PIO card for the second child. Again I would strongly suggest to you to apply in person for the PIO card if any of the consulates are in accessible distance for you, good news is that they are open on US holidays. I was able to obtain the PIO card at home within a week for my child after applying in person.
Hello Everyone,
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
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Dear All,
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
IV needs to come out with a action plan or tell what it intends to do with the donations. once they are more open, donations will flow. I know IV is non profit org but that does not mean that funds cannot be misused. (I need more red dots please :))
Yes! I agree Paying for bandwidth that is used by folks such as you is misuse.
Troll and Troll until Grasshopper kicks your sorry A$$ out some where
Yes! I agree Paying for bandwidth that is used by folks such as you is misuse.
Troll and Troll until Grasshopper kicks your sorry A$$ out some where
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Same to you. Do you have any update on your case or do you know the status of your case?
No movement.... No FP notice (not sure if it is good or bad).. Is there anyone who got GC recently without a second FP notice (After 15 months)....??
in short, No clue :(
No movement.... No FP notice (not sure if it is good or bad).. Is there anyone who got GC recently without a second FP notice (After 15 months)....??
in short, No clue :(
Hi,
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
No.. You can file under EB2? I dont know where you hered that from, my friend is about to file his EB2 he is in his advertisement stage.
Second thing.. Who told you that the EB2 is current, EB2 is sitting at 11 Jan 2003 and for 5 months now. No body knows when will it move and how many days it will move......
Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
No.. You can file under EB2? I dont know where you hered that from, my friend is about to file his EB2 he is in his advertisement stage.
Second thing.. Who told you that the EB2 is current, EB2 is sitting at 11 Jan 2003 and for 5 months now. No body knows when will it move and how many days it will move......
Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.
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I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !
I know exactly how you feel because I felt that way every single day for over 8 years (look at my priority date) and even years before I sent in my i485 application. It is just the worst feeling of hopelessness and constant worry because you don't know what's going to happen and when is it going to happen, and you can't even do anything with your life because you don't know the outcome of the whole thing. I know exactly how you feel. I finally got my GC this year but I think what I went through I will never forget. I hate it when people try to make others feel better with story examples of unfortunate people from poor countries or alcoholic parents or whatever stuff of that kind, because no one who is going through something so emotionally charged as feeling like a caged bird with no future is going to take those examples and all of a sudden go AHA and feel happy, however, as someone who was where you are and who waited for over a decade to get to the final point, I can tell you what I now know I should have done while I was waiting. I should have learned a language, I should have read more, I should have acquired more hobbies, I should have learned some extra computer skills. I finally got my card and I have to start from zero because I spent so much time just concentrating on my job and my misery and on other superficial things, and now, in order to finally move on I am home on the 1st of the year surrounded be a million "how to" books in order to be able to learn new things and get a better job that is obviously going to require more skills. The only thing I give myself credit for is starting an "after GC goals" list, because I have been doing things I always wanted to do and enjoying it, and crossing them off my list.
Also, I don't think you're really being jealous, I think you're just upset that other people with similar or less skills than you get to move on to better things, and that's really, very normal. I was there too, and tons of people on here go through the same thing. Life is unfair that way sometimes and it's all about how you make your lemonade out of lemons. So, my advice to you again is to use this waiting time to learn new things, even if you practice calligraphy, just keep busy, do something, so when you finally reach the end of the line you can say, f this, this took forever, but at least I don't feel like a damn loser.
Like me :D.
I know exactly how you feel because I felt that way every single day for over 8 years (look at my priority date) and even years before I sent in my i485 application. It is just the worst feeling of hopelessness and constant worry because you don't know what's going to happen and when is it going to happen, and you can't even do anything with your life because you don't know the outcome of the whole thing. I know exactly how you feel. I finally got my GC this year but I think what I went through I will never forget. I hate it when people try to make others feel better with story examples of unfortunate people from poor countries or alcoholic parents or whatever stuff of that kind, because no one who is going through something so emotionally charged as feeling like a caged bird with no future is going to take those examples and all of a sudden go AHA and feel happy, however, as someone who was where you are and who waited for over a decade to get to the final point, I can tell you what I now know I should have done while I was waiting. I should have learned a language, I should have read more, I should have acquired more hobbies, I should have learned some extra computer skills. I finally got my card and I have to start from zero because I spent so much time just concentrating on my job and my misery and on other superficial things, and now, in order to finally move on I am home on the 1st of the year surrounded be a million "how to" books in order to be able to learn new things and get a better job that is obviously going to require more skills. The only thing I give myself credit for is starting an "after GC goals" list, because I have been doing things I always wanted to do and enjoying it, and crossing them off my list.
Also, I don't think you're really being jealous, I think you're just upset that other people with similar or less skills than you get to move on to better things, and that's really, very normal. I was there too, and tons of people on here go through the same thing. Life is unfair that way sometimes and it's all about how you make your lemonade out of lemons. So, my advice to you again is to use this waiting time to learn new things, even if you practice calligraphy, just keep busy, do something, so when you finally reach the end of the line you can say, f this, this took forever, but at least I don't feel like a damn loser.
Like me :D.
house 09 Jun 11 Couple wallpaper
EB3-India PD Dec2003 / FedEx delivered it on July 2nd 10:35am at NSC
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did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:
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Vkkkk,
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
You signature shows like
Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
but how it is possible
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007).
currently 140 processing dates around Nov/dec-06.
Are you trying to play with people feelings?
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
You signature shows like
Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
but how it is possible
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007).
currently 140 processing dates around Nov/dec-06.
Are you trying to play with people feelings?
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Also, this is useful for Priority Date portability, Priority Date is all your once your I-140 is aproved and you need to submit the copy with your next I-140 to use the old Priority Date, in this case also, it very useful if the employer does not share this info, and if we can get it from USCIS, we are not at the mercy of Employer anymore.
If you are seeking your i-140 for portability reasons, this means that you have already submitted I-485.
Since that is the case, then who cares if the employer will or will not revoke the I-140: IT IS STILL VIABLE for AC21 portability regardless of employer's actions.
If you are seeking your i-140 for portability reasons, this means that you have already submitted I-485.
Since that is the case, then who cares if the employer will or will not revoke the I-140: IT IS STILL VIABLE for AC21 portability regardless of employer's actions.
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What part of Canada did you move to?
I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.
I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.
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I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !
There is always a silver lining in the black clouds. Do not despair. Believe in GOD AND YOURSELF. Rest all will fall in place. Can you explain what's going on?
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
There is always a silver lining in the black clouds. Do not despair. Believe in GOD AND YOURSELF. Rest all will fall in place. Can you explain what's going on?
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
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From your profile,it seems that you are not a citizen neither a permanent resident, but Mr. Obama is "your" president ?, you need to greened first my friend before you can call him your president, until then Pratibha Patil is your president, and i dont think she won a Nobel prize, although i dont think she is any less deserving, heading the most populous and ancient democracy the world has ever known.
Lastly, Congrats Obama, you da man.
:):) Well, if heart, mind, soul, ethics are already sold what can you expect?
Lastly, Congrats Obama, you da man.
:):) Well, if heart, mind, soul, ethics are already sold what can you expect?
Me too !! My ticket were for Nov 3 and i am waiting for the last 54 days ..just requested USICS to expediate the AP based on financial loss ...
You need to hurry up, if not already. They don't care a dime if you loose your money / tickets / travel. But just need to show them a sense of urgency. Thats all we can do.
You need to hurry up, if not already. They don't care a dime if you loose your money / tickets / travel. But just need to show them a sense of urgency. Thats all we can do.
I got a red for this
I mean when i say good news - someone needs a therapy:p
Would like to clear two things:
1) I did not give you red :)
2) Mine is TSC all the way from 140, no RFE, same company for 6 years + and still no result :)
I mean when i say good news - someone needs a therapy:p
Would like to clear two things:
1) I did not give you red :)
2) Mine is TSC all the way from 140, no RFE, same company for 6 years + and still no result :)
