eastindia
09-27 12:50 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D
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desi3933
08-29 04:18 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
Thanks for the update!
Good Luck.
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
Thanks for the update!
Good Luck.
sanz
04-16 12:58 PM
nice work digging old threads
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Prashant
07-03 11:47 AM
July 9th fine for me as well .....
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
more...
sankap
07-10 02:00 PM
@supreet:
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
wantgc23
09-09 08:34 PM
In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
more...
desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
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dks
06-22 09:09 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
more...
lutherpraveen
10-16 09:25 AM
Earlier only two of my I-485 checks were cashed, now all my checks (EAD, FP, AP, I-485) for my dependants and me got cashed.
Will keep you guys updated on the progress.
Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
Will keep you guys updated on the progress.
Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
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singhsa3
11-21 10:06 AM
It is really sad to hear that. I am no expert by any means but assuming that you are still a young family (say in mid thirties), I would suggest that unless your family is financially secure and have other family members here in the USA to lean on, I will suggest to at least consider the option of going back, irrespective of what the outcome of you green card process may be.
more...
royus77
07-08 03:08 PM
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
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BondJ
09-18 08:23 AM
Paper filed EAD for me and wife on Jul21..TSC RD -Jul22..CPO on Sep17.
Good luck!
Good luck!
more...
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vij
06-16 03:22 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
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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...
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sprajulu
07-03 05:29 PM
Congrates
Your PD Is May 2003. Which Category EB2 or EB3?
Your PD Is May 2003. Which Category EB2 or EB3?
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sanjay
02-09 02:34 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
more...
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kbsyed61
08-14 08:52 AM
Yesterday I recd. the receipt notice for my I-485 filing on July 2, 2007.
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
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tonyHK12
02-26 01:42 PM
thanks hopefullegalimmigrant, n_2006, kunjirs for your contribution.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
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Administrator2
09-23 05:55 PM
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.
You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.
IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.
Just to be clear, you can say what you want but we don't think its your lunch.
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.
You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.
IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.
Just to be clear, you can say what you want but we don't think its your lunch.
kalparikh
07-02 07:53 PM
So if I-485 was delivered before 10:00 AM...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
pvpb
09-27 02:02 PM
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
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