mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
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sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
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.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
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.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
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...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
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.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
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.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
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...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
tonyHK12
02-17 05:02 PM
@12%, thanks iak1973, reddymjm, mhkumar, Pagal, Hopeful1, dudes2006
Total Contributions..........$6,225.00
Amount to be raised.......$43,775.00
.
.
Total Contributions..........$6,225.00
Amount to be raised.......$43,775.00
.
.
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anilsal
12-11 08:00 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
more...
purplehazea
05-05 03:26 PM
What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
more...
ArkBird
04-21 06:50 PM
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
2010 Justin Bieber and Selena Gomez
asdcrajnet
02-01 08:14 PM
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
My son is 20 months old right now. I don't think he would have the slightest idea of how US is :) . He is going to enjoy the same education system which churned me out :)
When I went last time, I checked out the schools. They are not bad as I thought. All are improving. Since my son is a US citizen, he can easily come to US for college education.
Wondering how they would adjust to the tests, languages, discipline etc etc
My son is 20 months old right now. I don't think he would have the slightest idea of how US is :) . He is going to enjoy the same education system which churned me out :)
When I went last time, I checked out the schools. They are not bad as I thought. All are improving. Since my son is a US citizen, he can easily come to US for college education.
more...
mchatrvd
09-10 02:27 PM
IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.
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mchatrvd
09-10 02:27 PM
IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.
more...
sidbee
07-28 02:35 PM
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
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cool_desi_gc
08-16 10:53 AM
I see a pattern here.Looks like the EB2 folks are getting EAD renewals much faster than the EB3 folks.EB3's are getting screwed even here.
more...
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go_guy123
12-18 06:54 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I also came in 1999. I have lost hope and moved to Canada. Soon it will
10 years since the last EB reform was passed in 2000
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I also came in 1999. I have lost hope and moved to Canada. Soon it will
10 years since the last EB reform was passed in 2000
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n_2006
06-15 10:16 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
more...
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nsrinivas
09-11 04:10 PM
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
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prince_waiting
05-10 10:32 AM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
more...
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pcs
07-02 10:01 AM
They say, it will reach by noon tomorrow
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simple1
05-02 03:21 PM
I am unable to get into the donar thread. I did donate yesterday.
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
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glus
08-26 12:26 PM
Hi:
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
lskreddy
09-13 11:31 PM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
sanhari
07-21 08:47 AM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
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