kaisersose
07-02 03:26 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
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conchshell
08-14 09:34 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
eb3retro
05-04 01:55 PM
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
So basically you are cheating the system? correct me if i am wrong.
So basically you are cheating the system? correct me if i am wrong.
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PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
more...
mhtanim
08-08 05:39 PM
This is odd! California Service Center has stopped processing EB I-485s long time ago.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
510picker
November 30th, 2008, 09:28 PM
So what made you switch?
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chi_shark
12-02 11:51 PM
thanks! i do have business activities... and i am not worried about audits...
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
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claudio
01-14 12:38 AM
Thanks :)
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absaarkhan
06-02 04:08 PM
I am Confused Too -- Why Are People Sending DL and Passport Copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
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nogc_noproblem
04-09 05:25 PM
Please check this link
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
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msyedy
12-14 02:26 PM
Just making speculations........Stop ..(Yes or No)
Fight should be our motto.
I am with you jansilal but we need to fight. Get our word to senators/House
Fight should be our motto.
I am with you jansilal but we need to fight. Get our word to senators/House
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PavanV
04-20 04:34 PM
Really tragic, I noticed the cause of death was suicide by asphyxiation, they found a plastic bag around his head ?, that totally seems suspicious to me, an IITian will have a tons of job offers in India, so if finances were his problem that is ruled out, love problems ?, sad to see a 23 year old kid pass away like this.
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WillIBLucky
06-19 02:09 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
The usual thumb rule for USCIS is 6 months in advance for any renewal or extensions.
The usual thumb rule for USCIS is 6 months in advance for any renewal or extensions.
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Rockford
09-10 11:13 AM
What about the consultants who work on three client places in a week. Three LCAs in a week ?
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eb2dec2005
09-26 11:49 AM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!
Why don't you search the forum for answers and if none is available then post a new thread...
Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.
Why don't you search the forum for answers and if none is available then post a new thread...
Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.
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mybid2003
01-09 04:37 PM
Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
more...
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go_guy123
09-16 04:35 PM
I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
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n_2006
06-20 02:30 PM
As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
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CADude
07-31 10:03 PM
No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
shreekhand
08-06 11:14 PM
Some more data points to that calculation:
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
tb2904
03-26 08:43 PM
Not sure if an "independent" consultant on H1B can make more than 250K. Considering he is working 2080 hours in a year. He has to get $120/hour for himself + his employer cut. In 2000, you could have demanded those rates....but, now days I doubt.
Consultant - Travelling job
Consultant - Travelling job
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