nashorn
12-17 11:47 AM
I have sold some items in eBay in the past, If I rememver correctly, when I sold something for $10 and the buyer made a paypal payment, paypal too $1.5 as fees.
So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
How about check? 100% goes to IV.
So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
How about check? 100% goes to IV.
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GCAmigo
05-24 07:24 PM
Illegals beyond Jan 2007 will be deported anyways. So becoming illegal is not an option anymore.
when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..
when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..
ultimo
09-20 09:37 AM
He means July 2008, i.e. the last quarter of the year when USCIS feels the need to use up the 140,000 visas.
If that happens again it will be sick. But it is an easy way for USCIS to avoid processing applications in priority date order. Just have DoS (dept of state) make the bulletin move forward or make current for a brief time, then they can approve applications in any order convenient for them. Then move it back again so no one can send them new applications.
Think I'm kidding, that's what the 2007 July mess was caused by!
now there is no order they can approve any application where i-140 is approved, background check is done they will get GC .
Thats a good thing
If that happens again it will be sick. But it is an easy way for USCIS to avoid processing applications in priority date order. Just have DoS (dept of state) make the bulletin move forward or make current for a brief time, then they can approve applications in any order convenient for them. Then move it back again so no one can send them new applications.
Think I'm kidding, that's what the 2007 July mess was caused by!
now there is no order they can approve any application where i-140 is approved, background check is done they will get GC .
Thats a good thing
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Green_Always
03-15 11:28 PM
BTW, what did you steal?
Sorry. Had to ask. I am getting all curious. :o
:-)
In this country I dont know what is serious and what is light situations.
Sorry. Had to ask. I am getting all curious. :o
:-)
In this country I dont know what is serious and what is light situations.
more...
manusingh
06-21 05:44 PM
Actually, I dont know how to tackle your issue but I went ahead and certified my 131 efile without putting MI as I dont have it. I am waiting for my receipt now. I think, its an USCIS application issue.
I have heard that USCIS is going to bring a law. Which states that if you have used AP you have to use your EAD. Or After using if you extend your H-1B than you have to go for a visa stamping. I am confuse how true is this rumor is?
any comments
I have heard that USCIS is going to bring a law. Which states that if you have used AP you have to use your EAD. Or After using if you extend your H-1B than you have to go for a visa stamping. I am confuse how true is this rumor is?
any comments
rangeela
02-07 09:15 AM
Hi,
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
more...
gveerab
09-12 02:14 AM
I have been in USA from 2000 and have been waiting for GC from 2004. Finally last year decided to buy and bought one. When I bought my house my kid was in 3rd grade, decided not to compromise on his education and bought a house in good school district.
All depends on personal situation. I am not considering house as an investment, just a place to live.
:)
exactly my thought... you almost stole words from my mind :-)
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
All depends on personal situation. I am not considering house as an investment, just a place to live.
:)
exactly my thought... you almost stole words from my mind :-)
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
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chanduv23
02-11 12:48 PM
I think u will be fine, just file a MTR. All the best.
more...
HawaldarNaik
10-11 01:02 PM
Significant movement in EB2, possibly back to September Bullietin dates i.e. Aug 2006
The only reason why the dates may stay where there are for this month according to me is due to the elections in first week of Nov where some USCIS employees may be used for
The only reason why the dates may stay where there are for this month according to me is due to the elections in first week of Nov where some USCIS employees may be used for
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crystal
08-15 11:51 AM
Congrats for becoming senior member :)
My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
If this is so, how do folks who have used AC21 handle this ?
My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
If this is so, how do folks who have used AC21 handle this ?
more...
Hassan11
09-07 12:16 PM
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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maximus777
09-15 01:59 PM
You cannot keep GC out of equation when GC/non-GC decides your ability to get unemployment benefits, choice of jobs and many more aspects of your life.
If you leave the country, you lose the equity on the house. I don't know when you bought
the house. In the post credit bubble period, the lender will make sure you have enough equity that they are secure and you have skin in the game.
Bought my home in early 2008 on 100% financing (yeah, they had these crazy schemes back then!) before the economy tanked. So I havent put down any money. Even the closing costs were paid by the seller. For me its not an investment, but a place to live. So I am not worried about the equity. The home isnt a McMansion and the mortgage payment is manageable. When tax savings at year end are considered, it almost puts me on par with renting.
On the other hand, I dont put GC on a pedestal. I bought my home even before I had started GC process. To me it is not a life changing event like the day I was born or my wedding day or the birth day of my kid. Its something good to have for obvious benefits, but I am not holding my breath until I get it. Once again, I reiter that factoring GC into your decisions is a personal choice, and I dont do it. I am not banking on unemployment benefits or any other govt dole. Like I said, if anything were to go wrong and I had to leave the country for good, my lender will be the one taking the hit. This might not be the case in your situation and I can understand why GC would be so important then.
If you leave the country, you lose the equity on the house. I don't know when you bought
the house. In the post credit bubble period, the lender will make sure you have enough equity that they are secure and you have skin in the game.
Bought my home in early 2008 on 100% financing (yeah, they had these crazy schemes back then!) before the economy tanked. So I havent put down any money. Even the closing costs were paid by the seller. For me its not an investment, but a place to live. So I am not worried about the equity. The home isnt a McMansion and the mortgage payment is manageable. When tax savings at year end are considered, it almost puts me on par with renting.
On the other hand, I dont put GC on a pedestal. I bought my home even before I had started GC process. To me it is not a life changing event like the day I was born or my wedding day or the birth day of my kid. Its something good to have for obvious benefits, but I am not holding my breath until I get it. Once again, I reiter that factoring GC into your decisions is a personal choice, and I dont do it. I am not banking on unemployment benefits or any other govt dole. Like I said, if anything were to go wrong and I had to leave the country for good, my lender will be the one taking the hit. This might not be the case in your situation and I can understand why GC would be so important then.
more...
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sayantan76
07-02 09:38 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.
However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
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Munshi75
05-01 07:21 PM
yeah it is frustrating, still people hang on to it, me too. There could be a meaning to it ! food for thought.
more...
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bskrishna
05-21 01:02 PM
TSC I-765 for pending I-485 adjustment application is 'Feb 15th 2008'...last month it had 'Jan 29th 2008'...only moved 16 days...it is really weird...how much time they take to process may applications...mine will be expired on Aug 16th 2008...i am scared now..i am working on EAD.
cant you get an interim EAD after 90 days...
cant you get an interim EAD after 90 days...
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realizeit
05-26 04:27 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
more...
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bitzbytz
06-24 06:29 PM
"problems if generating paystubs"..is this a pure speculation or do you have to anything to back this statement....
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immi2006
06-04 01:54 AM
Folks,
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
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sapota
08-21 11:52 PM
For EB3 India Apr 04 PD, 3 more years seems about right.
Thackeray61
08-08 08:25 PM
Where are the members here? Why did this discussion has discontinued? I want to learn more about the basic steps in running a company since I'm still a newbie here.
desi3933
06-24 09:37 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
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