Monday, July 4, 2011

1st World War Trenches

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  • Googler
    07-07 09:14 PM
    she said "But we're prepared to talk to people about what happened here."

    hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS

    Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.

    USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.

    My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.

    Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.




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  • vbkris77
    03-06 04:44 PM
    Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.

    Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.




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  • hcard
    08-22 05:36 PM
    My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.

    When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.

    On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]



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  • vijjus
    05-23 11:26 PM
    (disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)

    I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?

    I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.

    Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?




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  • rustum
    09-25 12:46 PM
    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.

    Rk,
    Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?



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  • nomorelogins
    04-30 02:34 PM
    gcbikari ,

    Your argument is wrong. From the PERM FLATDATA Center DATA,

    These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:

    2003--->62912
    2004--->43,582
    2005---->6133
    -----------------
    1,12,627
    ---------------

    but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?




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  • nomorelogins
    04-30 01:49 PM
    I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.

    quick question is it 2003 or 2004? since perm started in 2005?



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  • krishna_brc
    01-29 05:32 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.




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  • jgh_res
    07-20 03:36 AM
    I pledge 100 dollars. Please let me know how I need to send it over. Send any action alert to my associated email id.
    I could not update the google spreadsheet. Can somebody do it for me...



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  • sankap
    07-10 02:51 PM
    Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.

    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)




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  • nkavjs
    09-12 01:46 PM
    My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?

    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.



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  • go_gc_way
    10-22 01:44 PM
    Of all the threads , I found this is one of the most relevant threads discussing our problem..

    So there will be a lame duck session where at our retrogression problem will be discussed again. And chances of passing a relief are tough.

    What is economic recession's impact on retrogression when is it predicted , does any one know?




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  • qplearn
    12-12 08:39 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.



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  • lc1978
    07-20 11:41 AM
    Pledging $100.




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  • waitforevergc
    05-09 09:35 PM
    Kshitij,

    Excellent letter. Thanks for sending it.

    I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.

    Others..please let us all write letters, if more people write, someone will take notice.

    Thanks.



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  • buddyinsd
    08-31 01:24 PM
    Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.

    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D




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  • nixstor
    06-22 01:51 PM
    We discussed this several Times !

    I'm currently bargaining with my employer for that Letter.... They are saying that letter can be given now only if i don't ask for next Hike etc...

    blood suckers ..., you know

    I know man.. These people are going bonkers right now. They know whats coming down the line after 6 or 7 months.




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  • gimme Green!!
    09-03 09:43 AM
    we got I-140 and I-485 approval email on August 19th; Card production ordered email on August 21st; got the physical approvals and cards in the mail on August 25th - whole thing took a week.




    mhtanim
    05-19 01:42 PM
    No FP yet either.




    mallikonnet
    02-15 10:50 AM
    Feb 15, 2011 08:50:00 PST
    Transaction ID: 12V53395N71013416



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