saileshdude
02-06 02:30 PM
vinod,
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
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coolvigo
11-03 11:35 PM
Folks,
For NRE account, you can easily send money to india and then repatriate it back. But in my case I have money to my NRE and bought an apartment. Now since i have sold that apartment, that money is in NRO account which is a one way account. You can only send money to NRO but you cannot get that money back in dollars from it.
Talking about getting money thru travellers check, you can do that only if you go to india and come back here in US with it....since you have to sign it at both places. Also there is a limit of $1500 for TC's when you come from India. Limitations....limitations....limitations.
If we send money to India for investment purposes.....all you will get is LOSS.
I started a business in India....lost lot of money in India becoz ppl in India do not want to trade honestly......bottomline......if you want to stay in US,,,,dont send your money anywhere....use in US and enjoy that money !!!
For NRE account, you can easily send money to india and then repatriate it back. But in my case I have money to my NRE and bought an apartment. Now since i have sold that apartment, that money is in NRO account which is a one way account. You can only send money to NRO but you cannot get that money back in dollars from it.
Talking about getting money thru travellers check, you can do that only if you go to india and come back here in US with it....since you have to sign it at both places. Also there is a limit of $1500 for TC's when you come from India. Limitations....limitations....limitations.
If we send money to India for investment purposes.....all you will get is LOSS.
I started a business in India....lost lot of money in India becoz ppl in India do not want to trade honestly......bottomline......if you want to stay in US,,,,dont send your money anywhere....use in US and enjoy that money !!!
brawn81
07-14 03:42 PM
Can you please give the details of people whom to send, their name, email id, fax no .. or any other details
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chi_shark
10-03 10:50 AM
actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?
If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.
In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.
Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.
PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.
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psaxena
10-01 08:09 PM
Even I was thinking on the same lines and discussing with my friends. My son travel with us using PIO. But I was thinking to apply for the OCI.
Now the question is Pros and cons of OCI on PIO.
With OCI pro is
- one can live in India as long as he wants.
- Donot have to pay NRI fees in the school and colleges.
Cons -
Indian law will be applicable, means something happens US government won't do anything.
Rest of the NRI rules are applicable, no right to vote, limitation on kind of investments
Guys this is all I know, put more together so that everyone of us in the similar situation can make a decision.
Now the question is Pros and cons of OCI on PIO.
With OCI pro is
- one can live in India as long as he wants.
- Donot have to pay NRI fees in the school and colleges.
Cons -
Indian law will be applicable, means something happens US government won't do anything.
Rest of the NRI rules are applicable, no right to vote, limitation on kind of investments
Guys this is all I know, put more together so that everyone of us in the similar situation can make a decision.
Lasantha
07-21 03:49 PM
Hi Yabadaba,
Try this forum http://britishexpats.com/forum/forumdisplay.php?f=33 for all your questions on Canadian immigration. This has lots of usefull information. When you post a question, post it to the attention of Mr Andrew Miller. He is a immigration consultant who provides free advise on that forum and responds pretty fast.
Best of luck !
Lasantha
Try this forum http://britishexpats.com/forum/forumdisplay.php?f=33 for all your questions on Canadian immigration. This has lots of usefull information. When you post a question, post it to the attention of Mr Andrew Miller. He is a immigration consultant who provides free advise on that forum and responds pretty fast.
Best of luck !
Lasantha
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styrum
02-08 03:41 PM
http://www.hooyou.com/lc/perm_eb2vseb3.html
This is just some lawyer's opinion. Their "solution" though didn't work for me at least. Nobody asked for any "business neccessity justification". They simply denied my case automatically as I told before.
This is just some lawyer's opinion. Their "solution" though didn't work for me at least. Nobody asked for any "business neccessity justification". They simply denied my case automatically as I told before.
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paskal
12-17 11:32 AM
"And please remember it's bottom up that works here not top-down."
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
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longwait4gc
02-24 07:41 PM
i was thinking...
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
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gceverywhere
03-19 02:55 PM
What are you talking about? Let me have two of whatever you are smoking or drinking.
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?
IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?
IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?
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casinoroyale
07-01 10:38 AM
In AP e-file application, for the country there are choices like
"INDIA-GOA"
"INDIA-SIKKI"
"INDIA-ANDAM"
"INDIA-INDIA"
Anybody can tell me why these sub-categories have been created?
"INDIA-GOA"
"INDIA-SIKKI"
"INDIA-ANDAM"
"INDIA-INDIA"
Anybody can tell me why these sub-categories have been created?
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eb3retro
04-08 02:59 PM
Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could people like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don�t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that�s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question like in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
cant agree with u more on this..
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could people like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don�t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that�s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question like in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
cant agree with u more on this..
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eb3retro
10-14 11:09 AM
this whole thing sucks. USCIS cannot adjudicate even I-131 on time. We have booked our travel tickets after 100 days of Received date of AP renewal application and looks like we have to cancel our tickets and waste $1800. This really blows and its attrocity to the core that USCIS cannot process AP renewals inside 90 days time period and its a shame that they are not answerable to anyone.
Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.
Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.
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somegchuh
05-24 04:25 PM
Can you quote how this is addressing number 1 ?
AC 21 allows people to take on new positions as soon as they get H1 transfer receipt notice. How does this law address H1 transfer?
1) AC21 is used for H1B Transfer AND
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
AC 21 allows people to take on new positions as soon as they get H1 transfer receipt notice. How does this law address H1 transfer?
1) AC21 is used for H1B Transfer AND
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
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roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
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StarSun
05-10 10:31 AM
Sunday June 6th, Training will start from 10:30 am. (Venue will be announced later)
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
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Madhuri
04-13 04:32 PM
^^^^^
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rimzhim
02-07 01:50 PM
I got EB2 140 approval (I have BS + 5 years of experience)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
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lazycis
07-02 10:44 AM
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
h1techSlave
10-14 12:21 PM
We can collectively do some thing.
I am exactly doing the same thing that anandrajesh mentioned above. I have my tickets booked for Nov 21st and its already more than 60 days for me. I have called them to expedite it. will be faxing the documents and letter to local congressman and uscis ombudsman today. I am not even sure why we pay so much of money to these people and do all this to just do their work. But what can we do, we are at their mercy.
I am exactly doing the same thing that anandrajesh mentioned above. I have my tickets booked for Nov 21st and its already more than 60 days for me. I have called them to expedite it. will be faxing the documents and letter to local congressman and uscis ombudsman today. I am not even sure why we pay so much of money to these people and do all this to just do their work. But what can we do, we are at their mercy.
chanduv23
01-13 01:32 PM
EB2 -- Dont run fast, you will fall down again ...
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
I don't think dates will go back again unless they drastically move the dates forward. The dates could remain stagnant for a long time though.
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
I don't think dates will go back again unless they drastically move the dates forward. The dates could remain stagnant for a long time though.
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