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  • sanjeev_2004
    10-08 01:15 PM
    It already does, if you have an approved I-140 based on your LC.

    For old PD, pending I-140 should not be bottleneck.

    PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.

    10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.





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  • gcsomeday
    07-19 08:08 PM
    $101 from me





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  • georchen
    09-12 03:10 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'm in the same boat. no checks encashed. no receipts. Pray God every day.





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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • mariner5555
    05-01 02:36 PM
    actually the other question is why doesnt Murthy or IV asks the USCIS (whenever they get a chance to meet) ..to give a breakdown of the 485 pending by category by country. one would hope that atleast someone in uscis has access to such reports .. any idea, thoughts ??





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  • desi3933
    07-10 04:54 PM
    And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .



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  • qasleuth
    02-12 06:57 PM
    d





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  • akhilmahajan
    04-08 12:12 PM
    I did my landing this weekend.
    Every thing went smooth both on US and Canadian side.

    I was not asked any questions.
    Just wanted to let everyone know.



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  • Refugee_New
    08-18 03:11 PM
    With this issue of priority date taking a back seat to notice date when dates are current :

    While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.

    Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.

    Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.

    immigration trackers.

    One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)





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  • rajeshalex
    08-26 12:43 PM
    Applied in July 10th. Today saw the mail that approval notice has been sent.



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  • english_august
    07-10 08:37 AM
    DC folks - this is a visual event and if we don't have our own members covering this and are not available to talk to the reporters, it won't have the impact that we are hoping for.

    I was just talking to a journalist and he said that it is important to get pictures.

    Please it is not too late even now - take extended lunch today and join nixstor in supporting this. Send me a PM and I can give you his contact info.





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  • ajay
    11-17 03:15 PM
    Sent it.



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  • gc_on_demand
    05-01 12:10 PM
    gc_on_demand ,

    I am not anti at all. I am trying to understand the law.

    How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
    Wont they have problem when the dates become current and GC is issued to primary.

    Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.

    Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.





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  • Beemar
    09-04 11:10 PM
    Got the magic email!! Yoo Hoo!!



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  • vroapp
    12-12 06:46 PM
    GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...





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  • abq_gc
    08-18 03:09 PM
    What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.

    What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?

    Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.

    So its better to fight it out collectively. There's no point in dividing the community. Just think about it.

    I agree with Refugee



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  • blacktongue
    11-18 01:39 PM
    I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
    Even I participated in the campaign, but I don't think it will impact anything for us.

    To who?

    And why only $100?

    Is Greencard $100 worth for you?





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  • gopikrishnayr
    09-07 01:13 PM
    You will recieve 3 reciept numbers on the nback of your check, one for 485, one for EAD and another for AP





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  • asdqwe2k
    06-27 03:06 PM
    I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..

    If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..

    1. There was no concurrent filing of I-140/485
    2. There was no premium processing for Labor
    3. There was no premium processing for I-140
    4. There was no AC-21, so there is no way of switching jobs..

    Still it used to take 4-5 years to get a GC.

    And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..

    Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS

    Your greed will ruin you in future, just like you are cursing your employer's greed..

    Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..





    CADude
    08-01 04:58 PM
    If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)

    Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
    If it goes like this, it will take a century to get EAD and AP itself.

    Just venting out my frustration...:mad:





    nishanttambe
    11-17 04:42 PM
    Done. But while sending email to friends, I got below messages
    "Your message can not contain URL", this was right above the message box.



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