khukubindu
05-05 05:13 PM
Hello,
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:
Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.
A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable
Is there any gurus who can give me an idea ?
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nozerd
05-04 07:32 AM
Khodalmd
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
googlegc
08-25 07:24 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
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gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
more...
abhijitp
07-06 08:29 PM
Please clarify. I thought it is happening on July 14 or 21.
ragz4u
04-30 10:34 AM
We have received reports that Sen. Cornyn will be introducing a bill called the SKIL (Securing Knowledge Innovation and Leadership) bill on May 1st 2006. As can be guessed from the title, this bill has lots of pro-legal immigration clauses. We will make the details that we have received public once we get the permission to do so.
Though Immigration Voice is currently focussing on the Comprehensive Immigration Bill as that is hot right now, we are also closely following the PACE and SKIL bills to try and ensure that high-skilled legal immigrants can make the best of it.
Though Immigration Voice is currently focussing on the Comprehensive Immigration Bill as that is hot right now, we are also closely following the PACE and SKIL bills to try and ensure that high-skilled legal immigrants can make the best of it.
more...
Amma
02-24 08:07 AM
Thanks for your help the common cause.
Keep it up.
Keep it up.
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Rohan99
10-12 01:57 PM
Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....
My 140( in 2006) was from TSC and 485 from NSC
My 140( in 2006) was from TSC and 485 from NSC
more...
jk999
08-18 02:40 PM
How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
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jessie1981
06-12 11:47 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
more...
sankap
07-10 01:04 AM
[QUOTE=desi3933;486996]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.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
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.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
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.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
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)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html
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.
I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?
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.
Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
"Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
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)
Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.
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pcs
02-09 08:33 PM
I am sending $ 20 ...
Please keep sending emails to all members and encourage them to chip in regularly..
Please keep sending emails to all members and encourage them to chip in regularly..
more...
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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ramus
07-04 04:57 PM
Could you guys please take a min and visit these threads..
http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994
http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994
more...
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syzygy
08-19 11:44 AM
,,
USCIS has invented a very nice random number generator. They use it for every purpose
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
USCIS has invented a very nice random number generator. They use it for every purpose
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
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reddog
05-08 03:28 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
i hear you.
i hear you.
more...
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senk1s
07-22 12:55 AM
Has anyone done Landing and did next day H1 stamping at Canada?
Thanks in advance
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
Thanks in advance
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
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psk79
09-11 10:02 AM
I got that same LUD and my EAD arrived in the mail a couple of days later! Good Luck to you and I hope you receive it soon!!
Hi Lisap,
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
Hi Lisap,
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
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sushilup
09-03 07:53 AM
I saw CPO status for my EAD status (WIFE'S Status still pending)
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
sunny1000
07-08 08:08 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
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